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Legislation-SUB #2
City of Miami Ordinance 13915 r� H ` - Legislation File Number: 7634 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9124/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/ RESILIENCE AND PUBLIC WORKS DEPARTMENT", CHAPTER 2/ARTICLE X/SECTION 2-289 OF THE CITY CODE, TITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES", CHAPTER 22.5/ARTICLE VI OF THE CITY CODE, TITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL", CHAPTER 54 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS", AND CHAPTER 62/ARTICLE IIISECTION 62-12 OF THE CITY CODE, TITLED "PLANNING AND ZONING/COMPREHENSIVE PLANNING/FEE," BY PROVIDING FOR RESILIENCE AND PUBLIC WORKS DEPARTMENT ("DEPARTMENT") FEES FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PROVISIONS OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; BY PROVIDING FOR BOTH NEW AND ADJUSTED DEPARTMENT FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, RIGHT -OF-. WAY PERMITS, DEVELOPMENTAL REVIEWS, PROCESSING OF DEEDS OF DEDICATION AND QUITCLAIM DEEDS, AND FOR THE PROCESSING AND REVIEW OF OTHER DOCUMENTS CONDUCTED BY THE DEPARTMENT';. PROVIDING FOR STANDARDS FOR INSURANCE COVERAGE AND INDEMNITY BY APPLICANTS IN CONNECTION WITH SUCH PERMITS; FURTHER PROVIDING FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09(2)(D), FLORIDA STATUTES, FOR CERTAIN CIVIL VIOLATIONS RELATED TO THE PUBLIC RIGHT-OF-WAY; CONTAINING.A--- SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. s SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes WHEREAS, Chapter 2/Article IV/Division 4 of the Code of the City of Miami, Florida, as amended ("City Code"), provides the fee schedule for the processing of covenants, construction plans, and recordation of plats by the Department of Public Works and Resilience ("Department"); and WHEREAS, Chapter 2/Article X of the City Code provides the schedule of civil penalties; and WHEREAS, Chapter 22.5 of the City Code outlines the City's environmentally -friendly initiatives such as the reduction of greenhouse gases by the City of Miami's ("City") vehicular fleet, purchase of environmentally preferable products, and construction and development requirements such as soil erosion, dust control, and Florida -friendly fertilizer usage; and WHEREAS, Chapter 54 of the City Code provides the fee schedule for the processing of right-of-way permits; and City of Miami Page 1 of 28 File ID: 7634 (Revision: 8) Printed On: 612812023 Uj Zco w 0 Z 12 H V M a a 1--Z0 can p H a a LL 0 wZ W m W Maw oz c�a W O Ln 7� 3 4 L o-j ts (a fio ri - sug -{�2 File ID: 7634 Enactment Number: 13916 WHEREAS, Chapter 62 of the City Code provides the fees for inspections and examinations of plans by the Department for compliance with the provisions of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and m z Z z W Q 5 WHEREAS, currently, the fees referenced in Chapter 2, Chapter 22.5, Chapter 54, and u Chapter 62 of the City Code do not sufficiently cover the average cost of City staff to perform a p the processing of said documents, permits, inspections, and related work; and N z o WHEREAS, it is in the best interest of the City to amend Chapter 2, Chapter 22.5, � m :C o LL v O Chapter 54, and Chapter 62 of the City Code to adjust said fees; and WHEREAS, the changes to fees in this Ordinance are related to and based upon the 0 W a W actual cost to the City for reviewing and processing the various approvals, permits, and other j F regulatory requirements as more specifically provided for herein; and o z a WHEREAS, it is the intention of the City not to construe this Ordinance in such a way 0 2 z `—^ ce W which conflicts with State law, including, specifically, Section 337.401, Florida Statutes, '^ regarding permissible permit requirements and fees for certain communications providers; and WHEREAS, the modifications of civil penalties for violations of these Sections of the City Code are necessary to ensure conformity with State law; and WHEREAS, the City Commission finds that all new and adjusted fees in this Ordinance are reasonable and commensurate with the direct and actual cost of the regulatory activities described herein, including issuing and processing permits, plans reviews, physical inspections, direct administrative costs, and similar work; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article IV/Division 4 of the City Code, titled "Administration/Departments/Resilience and Public Works Department", is further amended in the following particulars:' "CHAPTER 2 -; ADMINISTRATION iaJ PO •'liyt � id � �+ ARTICLE IV. DEPARTMENTS.. i err-r < ' Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted and unchanged material. City of Miami Page 2 of 28 File ID: 7634 (Revision: B) PNnted on: &2W2023 F}1e ID: 7834 Enactment Number. 13915 DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT Sec. 2-265. Same -Duty to establish minimum standards for public works. o z W The director of resilience and public works is hereby authorized and directed to a 2 u promulgate rules and regulations establishing minimum standards pertaining to the construction, I~- Z c improvement, repair, maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and m other public highways, seweF-s-stormwater management system, drains, ditches, culverts, o canals, streams, watercourses, seawalls, boulevards, squares and other public places and N a p grounds belonging to the city or dedicated to public use or owned by the city as an easement or R c any other right of use whatsoever, and to establish, amend, publish and enforce uniform and W a W comprehensive minimum standards, plans, drawings, specifications and control of the design, g CO _ construction, development, improvement, repair and location of all public works under his/her u a authority, whether on or above or below the surface of the land or water, whether financed or �� o 3 a constructed by any federal or state political subdivision or private person, firm or corporation. v, — Z W W �oN Sec. 2-266. Functions of department -Generally. The functions of the Department of resilience and public works departfweAt-shall include the permitting, oversight, inspection, management, and supervision of all public works, including those public works projects carried on in the public right-of-way, right-of-way permitting, transit and mobility functions, and all duties and functions heretofore a part of the department of engineering and the division of streets, bridges and sewers heretofore a part of the department of public service. These functions and duties are hereby transferred to the Department of resilience and public works depar:trae► t and shall be carried on by such department. C') Sec. 2-268. Fee for preparation of documents containing covenants to run with t@4and; ht- of-way dedication deeds, quitclaim deeds, waiver of fee; fee for preparation of docurnen ' allowing the use of public right-of-way by private entities; recording fee. 3 c � xti (b) Except as more specifically described in this Section, €er for the preparation and' -processing of legal documents, including, but not limited to, subdivision improvement bonds and'hold harmless agreements, quitclaim deeds with the City as grantor, and any agreement allowing the use of public right-of-way by private entities, excluding permits, a fee of $2 759.00 $2,800.00 shall be collected by the director of resilience and public works. (c) For the preparation and processing of a right-of-way dedication deed the fee shall be as follows: 1. Properties that receive a homestead exemption pursuant to Article VII, Section 6(a) of the Florida Constitution with the right-of-way being enlarged by the dedication not part of the County or State road system ... $0.00 2. All other properties ... 1,125.00 City of Miami Page 3 of 28 File ID: 7&U (Revision: 6) Printed on: &M2023 File ID: 7634 Enactment Number. 13815 Fr4 Ldl In addition to the above fees, the party proffering the legal document shall also pay the recording fee, as established by the state. O Sec. 2-269. Checking and recording plats and alley closures or vacations -Fee schedule; waiver m z 00 of fee. a Sao (a) The fees to be charged by the resilience and public works department for platting z N determinations, processing tentative plats, reviewing and processing certain platting CIO C _ exception approvals, and recording plats submitted for approval of the city, including the a 0 LL inspection of the permanent reference monuments set in the field, are hereby fixed as 1 � 0 fOIIOWS: uQ W W CO W (1) Platting determination. Platting determination or determination on folio separation M a $695-9)-850.00 0 Q (2) Platting exception submittal pursuant to Section 55-10(c) of the City Code ..... 975.00 = W. N {- L31 Recording plat. a. Te-a6oampariy For submittal of tentative plat without closure and vacation/release of one or more rights) -of -way or easement(s)appliGation ... W3,200.00 w J 0 a b. For submittal of tentative plat with closure and vacation/release of one or more LLJ � right(s)-of-way or easement(s) ..... 5,000.00 > �z cag _ L3CO 0 bc. For fesiss+en resubmittal of tentative plat LA_>- for an extension of time ..... 990,982,400.00 � UJI ram-. i iu ed. For fe6Ubmis6+en resubmittal of tentative plat by different owner .....990.0 )2,400.00 de. For resubmissien resubmittal of tentative plat with new boundary without closure and vacation/release of one or more rights) -of -way or easement(s) .....900.083, 200 AO f. For resubmittal of tentative plat with new boundary with closure and vacation/release of one or more right(s)-of-way or easement(s) ..... 5,000.00 e.g. To accompany final plat when submitted for recording .....2,50as03,700.00 (34) Extending subdivision improvement time limit. For each time limit extension granted for completion of subdivision improvements required in conjunction with a recorded plat .....295.00 or, five percent J5 of the subdivision improvement bond amount, whichever is greater. (b) The processing fees required by subsection (a) may be waived for governmental entities and agencies. City of Miami Page 4 of 28 File 1D. 7&W (Revision: B) Printed on: &28(2023 File ID: 7634 Enactment Number 13915 c The fees to be charged for an expedited review for processing tee -final plats and () 9 p Uj z CO W O recording plats submitted for approval of the city, including inspection of the permanent i= u reference monuments set in the field, are fixed as follows*: p �zo o Final plat review expedite fee (in addition to final plat submittal fee): a U. Z z List of requirements Base fee $250.00 Plus fee per tractflot ..... $100.00 LU m Ui D Q Molar review Base fee $1,000.00 Plus fee per tractflot ..... 500.00 0 Z a * Expedited review is within the sole discretion of the Director of Resilience and Public Works to N CC W O N authorize, subiect to staff availability. 1 (d) Fees to be charged pursuant to subsections 55-15(i) and 55-156) providing for an alternative method for the closure or vacation of alleys which abut parcels of land zoned solely residential. Application fee .....$524-99$2.000.00 Recording fee .....*** Publication fee .....*** Vacation and alley closure fee pursuant to subsection 62-156(6) .....Not applicable *** These fees shall be determined contingent upon fees charged by the newspaper and Miami - Dade County recorder's office at time of publication and recordation. (e) Notwithstanding the above, combined resubmittal, tentative plat, and final plat fees pursuant to Section 2-269(a)(3) to be charged for a plat consisting solely of property or properties that receive a homestead exemption(s) pursuant to Article VII, Section 6(a) of the Florida Constitution shall not exceed ..... $1,800 (f) Fees to be charged pursuant to Subsection 55-15(e) providing for an alternate method for the closure or vacation of a platted easement ..... $2,000.00 (,q) Fees to be charged pursuant to Subsection 55-150) providing for an alternate method for the closure or vacation of emergency access easement..... $2,000.00 h) Fees to be charged pursuant to Subsection 54-4.1(bZproviding for a release of uqItY easement reservation ..... $2,000.00 3 �� CI) a -*� CO i Sec. 2-272. Geastm4en Via-n--Plan ebesk;Rg review fee. �-> rah City of Miami Page 5 of 28 File ID: 7634 (Revision: B) Printed on: &28/2023 File ID: 7634 Enactment Number. 13915 (a) The fees to be charged by the Department of resilience and public works -deft for processing and sk►esl4ieg-reviewing private development seestr�tien-plans submitted for m z approval of the city are hereby fixed as follows: z Ogg z "' (1) Fence, wall, slab, or sign .....$50.00 ►�- a p Nza coorg X (2) Underground tank .....155.00 O (3) Single-family or duplex residential construction, reconstruction, remodeling, O renovation, repair, or addition peFm# .....268.00 W a z Uj m = (4) Multi -family residential and all nonresidential construction, reconstruction, --I remodeling, renovation, repair, or addition pefm#: p 0 z d New multi -family residential (<% acre) .....940.00 = z O H I - New commercial (<Yz acre) .....1,043.00 New multi -family residential (a% acre and <1 acre) .....1,520.00 -n New commercial ('-Yz acre and <1 acre) .....1,650.00 �C-) cam., -=� rn Large development (residential/commercial >_1 acre) .....2,775.00 ©—tea Na (5) Subdivision improvement engineering plan ..... 1,800.00 M (6) Review and marking of Base Building Line C..' rEl On signed/sealed Boundary Survey ..... 125.00 For Planning/Zoning applications ..... 250.00 7) Underground utility installation ..... 295.00 8) Underground utility service connection. utility structure placement ..... 75.00 (9) Monitoring wells, soil borings, coring/sampling, utility locates, minor non -utility excavations ..... 350.00 (10) Building construction/maintenance (scaffolding, crane, dumpster)..... 225.00 01) Right-of-way closure (temporary traffic control, temporary construction fence) ..... 75.00 02) As -built plan a. Stormwater..... 650.00 b. Line and grade, pavement, sidewalk, curb, and gutter .... :375.00 City of Miami Page 6 of 28 File /D: 7634 (Revision: B) Printed on: 6/28/2023 File ID: 7634 Enactment Number. 13915 c. Underground utilities .....650.00 0mz UJ d. Above around utilities..... 375.00 p a e Non-standard improvements (pavers, lighting, irrigation, tree -grates, D a p etc.).....350.00 m z a N � F- (13) Dry Run plan a a O N a. Stormwater..... 300.00 W 2a LU z m= b. Line and grade, pavement, sidewalk, curb, and gutter ...... 300.00 a oza c. Underground utilities ..... 300.00 a--c W I=.. O Ui d. Aboveground utilities..... 200.00 e. Non-standard improvements (pavers, lighting, irrigation, tree prates, etc.) ..... 175.00 (b)The fees to be charged by the department of resilience and public works for processing and reviewing plans for work in the right-of-way that is not related to a private development submitted for approval of the city are hereby fixed as follows: (1) Underground utility installation ..... $295.00 (2) Underground utility service connection, utility structure placement..... 75.00 (3) Monitoring wells, soil borings, coring/sampling, utility locates, minor non -utility excavations ..... 350.00 (4) Street construction (sidewalk repair, sidewalk construction, curb and clutter, roadway paving, roadway resurfacing) ..... 195.00 (5) Building construction/maintenance (scaffolding, crane, dumpster) ..... 225.00 61 Right-of-wav closure (temporary traffic control, temporary construction fence)..... 75.00 (7) As -built plan - q nrn C— a. Stormwater..... 650.00 C b. Line and -grade, pavement, sidewalk, curb, and gutter ...... 3.75.0.0i�t,-, n c. Underground utilities ..... 650.00 c, .. d. Aboveground utilities..... 375.00 rn en City of Miami Page 7 of 28 File ID: 7634 (Revision: 8) Printed on: WV2023 File 10: 7634 Enactment Number. 13915 e Non-standard improvements (pavers lighting irrigation tree grates etc.) ..... UJ Z m 350.00 W O Q g (8) Dry Run plan z c a. Stormwater ..... 300.00 0 X a U. b Line and grade pavement sidewalk, curb, and gutter ...... 300.00 O W m i cUnderaUi Underground utilities ..... 300.00 �QX d. Aboveground utilities ..... 200.00 0 a N CZW O Ui e. Non-standard improvements (pavers, lighting, irrigation, tree arates, etc.} ,.,,. N 175.00 (bc) Expedited plan review service for special projects. A "special project" is defined as a project having a development order, or any other project as determined by the city manager, or designee, as having special interest to the city. The services will cover the resilience and public works department expedited review and shall be in addition to any and all other applicable permit fees. Outside source review will be the preferred method. Outside source review fee: Actual cost plus 15 percent* *Fifteen percent is the administrative fee to cover the cost of processing. In-house review fee not to exceed four hours: $350.00 (ed) The fee required under this section may be waived by the director of resilience and public works for governmental entities and agencies. Section 3. Chapter 2/Article X/of the City Code, titled "Administration/Code Enforcement°, is further amended in the following particulars: ARTICLE X — CODE ENFORCEMENT n C-Jrn * * * * a C'? Sec. 2-829. Schedule of civil penalties. °O < CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED c M C) * * * * M cn Code Description of Violation Civil Penalty Section City of Miami Page 8 of 28 File ID: 7&U (Revision: 8) Printed on. 6/2&W23 File ID: 7634 Enactment Number. 13915 LU 01 49-2 Unlawful discharge of petroleum products into City stormwater management system-er-s a $2IO-88500.00 or as determined by the City Manager plus costs as determined by the City Manager or designee seweFs � 625.00500.00 or as determined by { 49-3 Unlawful discharge of human excreta. the City Manager plus costs as determined by the City Manager or designee 49-4 =Unlawful discharge of wastewater from 'construction excavation into city stormwater management systemseweF. 111 i219�A500.00 or as determined by jthe City Manager plus costs as determined by the City Manager or designee 49-5 iDischarge or dumping of septic tank contents into :city stormwater management systemsterF eF 1526.QG500.00 or as determined by� Ithe City Manager plus costs as determined by the City Manager or I ;desipnee -3 � I Failure to obtain permit to obstruct street, or sidewalk or impede traffic or failure to pay usage fee. Daily usage fee will be required to be paid in addition to payment of the applicable penalty 262.59500.00 or as determined by the City Manner plus costs as determined by the City Manager or designee I 3 -� ca lsermit, ailure to comply with conditions set forth by suchA250.00plus each violation. costs as ; determined by the City Manager or i designee ` 5; L � nlawful use of street or sidewalk for advertising or display purposes. i 59250.00 plus costs as !determined by the City Manager or 1 designee 54-8 i Failure to obtain permit for lawful advertising or 'determined display in the public right-of-way. i 262:59250.00 plus costs as by the City Manager or designee 262.58250.00 plus costs as 54-9 Placing signs on street or sidewalk surface. determined by the City Manager or designee 3 54-12 Placing glass or other injurious substances on 152.50 streets. Failure facilities 52.5 250.00plus costs as j to remove utility to permit 54-14 improvement of streets. determined by the City Manager or desipnee i Failure plus costs as I to notify public works 24 hours prior to250.00 54-41 commencing construction. determined by the City Manager or desipnee 210:90500.00 or as determined by 54-42 Disturbing, cutting, digging or excavating any portion of the public right-of-way without a permit. the City Manager plus costs as determined by the City Manager or designee 54-44 Failure to construct sidewalk with standard E:2 5 250.00 plus costs as OW ~ COzz O_ H U J a N z m :7 3 R `^ O Q a H � F„ Y z u W Q 2m D J lU Q c°� xO I-. z W U O c Vf f- O 0 z W W a z W W Nf City of Miami Page 9 of 28 File ID: 7634 (Revision: 8) Printed on: 612812023 File ID: 7634 Enactment Number, 13915 j material. determined by the City Manager or f designee ? 54-47 Failure to obtain approval of location and 62.50250.00 plus ; determined by costs as I the City Manager or iconstruction of driveway.designee i 495.99500.00 or as determined by 54-48 Refusing to allow inspection. lthe City Manager determined by plus costs as the City Manager or { designee 1 i 21899500.00 or as determined by 54-48 I Failure to comply with stop work order. Ithe City Manager plus costs as 1 !determined by the City Manager or j designee 1 52.50500.00 or as determined by 54-51 Failure to obtain proper street grade and lines. the City Manager 'determined plus costs as j by the City Manager or; 1�de�i ee Failure to lay sewers, water and gas mains, 1218-88250.00 plus costs as 54-52 !telephone and electrical conduits prior to street (determined by the City Manager or } j designee Improvements. 162.50500.00 or as determined by 544{ Allowing sidewalks to remain in dangerous !the City Manager plus costs as condition. determined by the City Manager or designee c tilure to construct, reconstruct, or repair the p i��250.00 plus costs as 54*6 ? . #Weet improvements. I determined by the City Manager or designee i =- t9bstructing streets or sidewalks with trash lumber i52-58250.00 plus costs as 54-'��7 ' x � ! or other obstructions. determined by the City Manager or 1 _ w I designee { 152.58500.00 Failure to obtain proper permits or authorization or as determined by 1 the City Manager 54-86 f for placement of a bench or a shelter upon public ! . determined by plus costs as the City Manager or right-of-way. designee ; i �52 59500.00 or as determined by 54-91 Failure to maintain proper clearances for Ithe City Manager plus costs as placement of a bus bench or shelter. idetermined by the City Manager or Failure to properly maintain a bench and/or 52 59250.00 plus costs as j 54-92 shelter. determined by the City Manager or designee t52.50500.00 or as determined by E � Failure to comply with bench and/or shelter size the City Manager plus costs as 54-93 requirements. I determined by the City Manager or ! designee O IW — m 0 Z l= U �J Q m l7 H O Q a N � � Y zU W CO J U Q 0z 3 x0 H Z W U 0 LL N_ 2 f- O C Z W W I-� Q W W City of Miami Page 10 of 28 File ID: 7634 (Revision: B) Printed on: 6/2W2023 File ID: 7634 Enactment Number. 13915 ;-A ! Failure to properly display name/address, and 52.50 plus costs as determined by 54-94 local telephone number of bench and/or shelter the City Manager or designee company. Failure to properly affix numbering to building as 105.00 plus costs as determined 54- 31 2 required. by the City Manager or designee Unlawful placement of any sign designating Istreet, avenue or other public place by a different 52.59500.00 or as determined by 54-134 name than by which it is generally and legally the City Manager 1 known. 1 52.50500.00 or as determined by Defacing or removal of any street signs posted in the City Manager plus costs as 54-135 the city. determined by the City Manager or +designee � Unlawful construction or installation of an 9-90500.00 or as determined by the City Manager plus costs as 54-193 ;encroachment within the dedicated right-of-way or Within the undedicated right-of-way. determined by the City Manager or E designee 1525.Q8500.00 or as determined by 54-221 Operating a sidewalk cafe without a permit. the City Manager plus costs as j determined by the City Manager or designee 54-263 Placing, maintaining, or operating newsrack on 162.68250.00 plus costs as determined by the City Manager or, i !any public right-of-way without a permit. ( designee 54-266 Installation, use and/or maintenance of 52.50250.00 plus costs as the City Manager nonconforming newsracks.designee determined by or � c;kllowing 541!t68 a newsrack to remain in a state of 15 9250.00 plus costs as ! determined the � . andonment. j by City Manager or �- ! desiQnee co � ,r525.09500.00 or as determined by 54- 0 a..-reement. allure to obtain telecommunications permit the City Manager plus costs as determined by the City Manager or designee � -�-> � •� eCAAC .! �tl'9 1 t 52.5 *n Section 4. Chapter 22.5/Article VI of the City Code, titled "Green Initiatives/Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Control", is further amended in the following particulars:' "CHAPTER 22.5 z m W j U � �Qo ►-z° N N 0 F- Q a " N e-% ~ U z W Q W c m W z ° z N rX W F O H City of Miami Page i 1 of 28 File ID: 7634 (Revision: 8) Printed on: 6 28/2023 File ID: 7634 Enactment Number: 13915 Z m W GREEN INITIATIVES u U * a O H Z a m0'^ ARTICLE VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST N cc X GENERATION CONTROL a a LL * * w * Z Q W Sec. 22.5-127. Administrative fee. g CO _ a f- As a condition precedent to the issuance of any resilience and public works, zoning, planning, p ? building, or demolition permit for a construction project which will disturb 0.5 acres or more of N Z ui soil, the applicant shall pay the city a stormwater utility fee of $395.0 595.00. All fees and fines O N generated as a result of this article shall be deposited into the stormwater utility fee account in the general fund for the stormwater management system and shall be used to administer this program and to further the city's efforts prevent pollution of stormwater systems. Section 5. Chapter 54 of the City Code, titled "Streets and Sidewalks", is further amended in the following particulars:' •� "CHAPTER 54=., w g•' STREETS AND SIDEWALKS c= co ARTICLE i. IN GENERAL r� Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes traffic; fees; waiver of fees. (a) Scope. No person shall perform or conduct any work in the public right-of-way, &u4i-as (any work including, but not limited to, digging, drilling, repaving, installing or maintaining utilities, etc.Z, which obstructs, closes, or causes to be obstructed or closed, any street, sidewalk, or any other part of the public right-of-way in this city, or which impedes the general movement of vehicular or pedestrian traffic, without first having obtained a permit approved by the police department, the Department of resilience and public works depaFtmen , the off-street parking department, the risk management department, the neighborhood enhancement team department, and the transit and mobility division. After approval by the departments of police, resilience and public works, off-street parking, risk management, neighborhood enhancement team and toe the transit and mobility division, the city manager, or designee, shall issue a permit. No person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one or more person(s) on behalf of any other person(s) for using, constructing in, excavation of, maintenance of, owning and/or operating any type or City of Miami Page 12 of 28 File ID: 7634 (Revision: 8) Printed on: &2812023 File IQ: 7634 Enactment Number. 13915 manner of system, equipment, or device within the public rights -of -way, then all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/their interest/participation/representation in the permit application and/or to fulfill all city requirements for issuance of the permit shall result in (1) immediate revocation by the city, without the necessity of any further action, hearing, or proceeding, of any permit previously granted resulting in such permit becoming null and void, or (2) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. Except for applications for permits by non - revenue generating government entities, no person(s) or those performing the work on behalf of any other person(s) may apply for a permit if the person(s) or those performing the work on their behalf currently owe outstanding fines, debts, or delinquencies to the city related to prior permits issued by the department of resilience and public works, or due to performing un-permitted work in the public right-of-way. If such outstanding fines, debts, or delinquencies are owed by those performing the work on behalf of another, then the denial of the ability to apply for and/or receive a permit shall be accompanied by a notice, mailed to the person(s) applying for the permit, notifying them of the outstanding fines owed by those attempting to perform the work on their behalf and stating the amounts owed. (c) Indemnity, hold harmless and insurance. ef any sursh p9FFA;t that the appliGant shall a6sume all GiVil liability fGF appi-eant's, arts e , "r and attorneys' fees, and any and all liabilities by reason of injury to or death of a%. pemn, damage to, destruction, or loss to any property including the City, its instrumentalffies, its officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permit/agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence, whether active or passive of the applicant, its employees, agents, servants, or contractors, unless such act or omission is solely caused by the City, its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the City, its instrumentalities, officials, employees, and agents against all liabilities which may be asserted by an employee or former employee of the applicant, or any of its contractors as provided above, for which the applicant's liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar Taws. in addition, the applicant understands and agrees that except where caused by the A Ui z COW 0 u 2 u aC 0 Nz0 CO 3,4 Q O a p W Q W 2m= u a ~ oQa W O N City of Miami Page 13 of 28 File ID: 7634 (Revision: B) Printed on: &2812023 File ID: 7634 Enactment Number. 13915 negligence or misconduct of the City, its instrumentalities officials, employees, or agents, z M W the City shall not be liable for any loss iniury or damage to any personal property or equipment of the applicant its employees agents contractors, business licensees, or a o invitees placed on City property and its instrumentalities and shall be at the risk of the z c applicant thereof. The applicant shall be solely responsible for all its activities and for the CO a LA installation and maintenance of traffic -control devices, if applicable. The applicant shall v�i 0 H U. ensure that adequate safety precautions are in effect at all times during the term of the N a permit It shall be a further condition precedent to the issuance of any such permit for work Y c to be performed in the public right-of-way that the permit holder(s) is/are iointly and W a W severally responsible at each permit holder's sole expense, for any damages regarding g CO W x restoring the public right-of-way to its original condition before installation of facilities. The a indemnification shall survive termination of this permitlagreement. o d � � W (1) Non-govemmental applicant(s). Prior to the issuance of any such permit, the non- FE 0 N governmental applicant(s) shall submit to the city a certificate of insurance for each non -governmental applicant in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to, premises and operations liability, contingent and contractual exposures, XCU hazards, personal and advertising injury, and products and completed operations, and host lid liability, of . In addition, the applicant hereby agrees to provide additional insurance requirements as required by the City, including but not limited to umbrella liability, or any additional requirements or endorsements as may be applicable, in connection with the scope of services contemplated by the permit/agreement. The certificate must reflect primary and noncontributory language and list the city as an additional insured. The certificate must also include coverage for all owned, hired, and non -owned vehicles with a combined single limit of $8AA;9AA A9 500,000 per accident, also listing the city as an additional insured, and must further afford coverage Un .for worker's compensation including waiver of subrogation subiect to the statutory limits --- ,of the State of Florida as FeqUiFed by Fleizida stat The insurance herein required ;'shall remain in full force and effect during the entire term of the permit. Additionally, all --sttch insurance for non -governmental applicant(s) shall be subject to annual review by 'X 7 _ city's risk management department and the applicant shall be required to update as cz cessary to protect the city as set forth in this section. 4, .,AIl insurance policies required above shall be issued by companies authorized to do C" r ,business under the laws of the State of Florida with the following qualifications: CIIJ The company must be rated no less than "A-" as to management and no less than Class ' V" as to financial strength by the latest edition of Best's Insurance Guide Published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subiect to the approval of the City's Department of Risk Management. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. Certificates of insurance shall contain thirty (30) days as to changes or modifications with notice to the certificate holder. (2) Govemment applicant(s). Prior to the issuance of any such permit, the governmental applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance for each governmental applicant in accordance with and subject to the limitations as set forth in F.S. § 768.28. City of Miami Page 14 of 28 File ID: 7634 (Revision: B) Printed on: 6128/2023 File to: 7634 Enactment Number: 13915 (d) Temporary obstruction of streets and sidewalks. o m z (1) Any permit issued pursuant to this chapter under this section may be revoked at any o a UJ time for violation of the terms of the permit. The city manager or his/her designee may revoke this permit with justification. t z c (2) The permit holder shall not locate a temporary office, trailer, portable toilets, H equipment or storage of materials, constructions oils andfor supplies within the p temporary obstructed right-of-way. Such temporary office, trailer, portable toilets, LL H a. O equipment or storage of materials, construction spoils, andfor supplies may be allowed Y c by the Department of resilience and public works deli: subject to a separate fee, W a W °�°. subsection (e)154), in addition to the fee for a permit for the partial or full obstruction or _ closure listed in subsection (e)(43). A violation of this section shall result in a fine of u z $�-59 250.00 per day for each violation. c 6 (3) If the dimensions of the obstruction exceed the dimensions allowed by the permit, the LA R z = p H permittee and the building owner shall jointly be assessed a fine equal to $262.60 i' 250.00 per day for each violation, plus any appropriate additional fees for the obstruction. (4) The permittee must provide a construction staging plan showing the location of lifting equipment, if applicable, ingress and exit points, and a signed and sealed statement from a State of Florida registered professional engineer 4^ the statestatinq that no other suitable, onsite alternative exists. (5) For purposes of this section, the following definitions shall apply: Construction fence screen is a light, flexible fabric bearing printed text and pictures to give information and with edge grommets to facilitate attachment to a rigid frame. Construction windscreen is a visual/dust barrier composed of a flexible, woven fabric with edge grommets to facilitate attachment to a rigid frame. Temporary construction fence is used when contracting or planning to construct improvements on the premises and which facilitates temporary security and surety for the premises. (6) Subject to compliance by the permit holder with applicable provisions of the sign codes of Miami -Dade County and the city, the permit holder may affix a construction fence screen or construction windscreen containing onsite advertising to the temporary t, J construction fence abutting or located in the public right-of-way subject to an additional t fee listed in subsection (e)(6). The dimensions of the construction fence screen or c� >.construction windscreen shall not exceed the dimensions of the temporary construction :fence, and shall comply with section 33-99 of the Miami -Dade County Code. The Content of the onsite advertising shall be limited to pictorial and text information .r.; ;''advertising the sale or rental of the premises, construction actually being done on the premises, or future construction to be done on the premises on which the onsite :advertising is located. For purposes of this section, such advertising described in the r" r-preceding sentence shall only be onsite advertising. No advertising is allowed for ,'...goods, off -site products or services, alcoholic beverages, tobacco products or adult entertainment as defined by the city zoning code. Nothing in this section shall be interpreted to permit a sign where the sign copy does not pertain to the use of the property, units sold, or the sale or lease of the property on which sign is displayed and which does not identify the place of business as purveyor of the units advertised on the sign. A violation of this section shall be punishable by a fine of $250.00 per day for each offense under the provisions of chapter 2, article X of the City Code, and any City of Miami Page 15 of 28 File ID: 7634 (Revision: B) Printed on: 6/28/2023 File ID: 7634 Enactment Number: 13915 other remedies as provided by law, jointly and severally, including, but not limited to, UJ Z CO Z ui suspension or revocation of a CU, BTR, permit, or any other legal remedy as deemed O a appropriate by the city. The use of one remedy shall not preclude the use of another. D u _J 1=4O (e) Fees. I~ z C (1) A non-refundable fee of $120.00 shall accompany each permit application to the N police department, to be retained by the city regardless of action taken in the granting a a " or denial of the permit. (2) An non-refundable application fee of $50 0 $95.00 and a non-refundable initial W d W inspection fee of $50.00 shall accompany each permit application to the Department of _ resilience and public works depaFtmen , to be retained by the city regardless of action u a taken in the grantingor denial of the permit. c a W O LU (3) A non-refundable permit fee of $325.00 shall be paid prior to permit issuance for all right-of-way closures. Non-refundable plan review fees in accordance with Section 2- 272 of the City Code shall be paid upon completion of reviews and prior to issuance of all right-of-way closure permits. In the case of an applicant cancelling an application or the City cancelling an application due to the applicant becoming non- responsive and ultimately abandoning a permit application after plan reviews are completed, these fees will be applied to an applicant's account and must be paid in order to avoid being in violation of Sections 54-3 and 54-42 of the City Code. (4) A non-refundable public right-of-way usage fee for the partial or full obstruction by construction or maintenance related activities shall be the greater of the following, $595.00 or as calculated below: a. —$0.25 $0.30 per linear foot per day of sidewalk/curb/swale usage. ih. —$0.35 IL40 per linear foot per day of parking lane usage.` !=5 `This fee is in addition to fees payable under chapter 35 of this Code, as amended. oo --$GAG $0.45 per linear foot per day of lane closure or partial lane closure of traffic and auxiliary lane usage. S fees shall be paid prior to permit issuance. Z5 P`'(5) '-- A non-refundable fee for a temporary office, trailer, portable toilets, equipment or storage of materials, construction spoils, and/or supplies within the partial or full obstruction area shall be as follows: a. --$aaA $0.15 per linear foot per day of sidewalk/curb/swale usage. b. -$.15 $0.20 per linear foot per day of parking lane usage. c.--$9.20 $0.25 per linear foot per day of lane closure or partial lane closure usage. All fees shall be paid prior to permit issuance. (6) A non-refundable fee of $0-86 $0.10 per square foot per day of construction fence screen or construction windscreen containing advertising affixed to temporary construction fence located abutting the public right-of-way or in the public right-of-way. All fees shall be paid prior to permit issuance. City of Miami Page 16 of 28 File ID: 7634 (Revision: 8) Printed on: 6/2&2023 Fite ID: 7634 Enactment Number. 13816 (7) All fees collected by the Department of resilience and public works] pafti�er�t in Z m W accordance with subsection (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) shall be deposited in p a a rollover account to be known as the lane closure fund. This account shall be used for J u the Department of Resilience and Public Works for engineering support services, a o training, materials, and equipment related to right-of-way closures, and for public right- m z N of -way maintenance and improvements. N a 0 X (8) Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) shad may N a LL p not apply to the city or any other non -revenue generating f- u Z government or school district entity, or while construction, excavation, and repair work W Q W is being actively performed within the public right-of-way. The fees described in 4 m = subsection (e)(1), (e)(3), (e)(4), (e)(5), and e(6) herein above may be waived or 0 a reduced by the city commission if the commission determines that such a waiver or z ® a reduction is in the city's best interest. N E W (9) After -the -fact permit fee. For any public street or alley closure described in section 54- x0N 3, performed without the required permits and inspections, quadruple the amount of all permit fees, application fees and inspection fees as described in subsections (e)(1) through (e)(6) herein. c� w 3 n rn C_ _< ARTICLE II. — CONSTRUCTION, EXCAVATION AND REPAIR o"' R' i -n= M < 3-< Es M Sec. 54-42. €-)Permit reauired for disturbina. cuttina into. dioaina up. drillingboriria 0 right-of-way. (a) Permit required. Except as provided in subsection (b) when any person desires to disturb, cut into, dig up, drill into, bore under, or excavate any public street swale, or sidewalk, whether the same is paved or unpaved, or to cause the same to be done, application shall be made to the director of the department of resilience and public works for permission therefore. No person shall apply for a permit to perform or conduct work in the public right- of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one (1) or more person(s) on behalf of any other person(s) for using, constructing, excavating, maintaining, owning or operating any type or manner of system, equipment, or device within the public right-of-way, then both/all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/their interest/participation/representation in the permit application or to fulfill all city requirements for issuance of the permit shall result in (1) an immediate revocation by the city of any excavation permit previously granted resulting in such permit becoming null and void (without the necessity of any further action, hearing or proceeding), or (2) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. Except for applications for permits by non -revenue generating government entities, no person(s) or those performing the work on behalf of any other person(s) may apply for and/or receive a permit if the person(s) or those performing the work on their behalf currently owe outstanding fines, debts, or delinquencies to the city City of Miami Page 17 of 28 File ID: 7634 (Revision: 8) Painted on: &28/2023 File ID: 7634 Enactment Number. 13915 related to prior permits issued by the department of resilience and public works. If such outstanding fines, debts, or delinquencies are owed by those performing the work on behalf of another, then the denial of the ability to apply for and/or receive a permit shall be accompanied by a notice, mailed to the person(s) applying for the permit, notifying them of the outstanding fines owed by those attempting to perform the work on their behalf and stating the amounts owed. Such permit shall set forth minimal reasonable conditions, as permitted by law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on -going maintenance or reparations for un-repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth or any violations under applicable law shall render such permit automatically null and void, without the necessity of any further action or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. Additionally, unless otherwise provided by general law, any continuing use of the public right-of-way by any such person(s) shall require such person(s) to also enter into a continuing maintenance and restoration agreement, registration, or a franchise agreement, as applicable by Florida Statutes or the City Code, with the city, and to provide such continuing insurance and such continuing surety that may be required by the agreement or registration relating to such continuing maintenance and potential restoration. A permit application form will not be required to be submitted for multiple sanitary sewer laterals, water service laterals or water meters installed by the Miami -Dade Water and Sewer Department, if such multiple installations are combined into a single written request for permit to the director of the Department of resilience and public works. A request for multiple water and sewer installations shall be submitted to the director of the Department of resilience and public works prior to construction work and shall not require submittal of a surety for restoring the street or sidewalk as described in subsection(c). (c) Calculation of cost of restoration. Upon compliance with the terms of subsection (a) of this section, the director of the Department of resilience and public works shall calculate the cost of fully restoring the street or sidewalk to the condition in which it is found upon the filing of such application. The cost shall be calculated on the basis of the following rates: Clearina and arubbina (removal of sod, shrubs, around cover Dlantinas. trees less than 4" diameter, rocks up to 50lbs each, topsoil/gravel surface up to 3" deep, and other non-structural improvements in the right-of-way) ..... $5.00/square foot ("SF") Asphalt removal (2" thick average) 5.00/square yard ("SY") ..... h rn CZ Concrete removal (6" thick average) ..... 3.00/SF qQ � M --� 0 Backfill ..... 15.00/cubic yard MY) r ru CO _ < Eight -inch limerock base ..... 25.00/SY c Ca rn :X z CO z oQUJ u �Qo Nza tn o 1— Q a O W Q W m W u Q ~ z� C W z N 7= W Io(A City of Miami Page 18 of 28 File ►D: 7634 (Revision: B) Printed on: 6/28/2023 File ID: 7634 Enactment Number. 13915 Permanent paving (asphalt concrete and rock base) ..... $- 2.75 30.00/SY z m z o<LU 1" Milling and resurfacing (Superpave asphalt) ..... 14.50/SY a o AsphaltiG GeRGFete Superpave asphalt (only) ..... 440 18.00/SF m z N � � x Stamped/color asphalt concrete (only) ..... 4A9 18.00/SF a a o Six-inch driveway paving (plain concrete) ..... 540 8.00/SF W a LU Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, T CO = etc.) ..... 8.59 18.00/SF a z ►- Six-inch concrete sidewalk (plain concrete) ..... 2:59- 8.00/SF o�z N CK W Fx-ON Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) ..... 8.50/SF Six-inch reinforced concrete protective slab ..... 3.59 20.00/SF Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) ..... 940 15.00/SF eSod_(St. Augustine or Bahia) ..... a-W 4.50/SY P8F-Linea Few p I C7 w Curb ..... $19-99 15.00/linear foot ("LF") --aCII) C Valley gutter ..... �.09 18.00/LF CO M Curb and gutter ..... 42.90 20.00/LF � 0 r, Swale trench ..... 35.00 200.00/SY m cn c Swale grading ..... 8.00/SY Exfiltration trench ..... :70-88 200.00/LF Solid Pipe up to 24" RCP. HP -PP, or dual wall HDPE with water -tight ioints ..... 150.00/LF Solid Pipe > 24...... 200.00/LF minimum or at the discretion at of the Director of Resilience and Public Works City of Miami Page 19 of 28 File ID: 7634 (Revision: B) Printed on: &228/2023 File ID: 7634 Enactment Number: 13915 - 259 LU CO , ,FaGkr,tr Z W °a� Drainage structure (inlet, manhole, etc.) ..... 2,800:A0 3,000.00/each D a o Decorative illumination pedestrian lighting (fixture/pole/mounting) ..... �6,000.00 I—z0 m O Roadway liahtina (fixture/pole/mounting )... 12,000.00/each o Street furniture (benches, waste receptacles, bicycle racks, etc.) ..... 500.00/each W m u J (d) Payment of amount of costs for restoration; issuance of permit, time for completion; p z consequences of failure to complete street restoration. a c W (1) Whenever any individual, company, or agency applies for a permit for work requiring H _ � W O N disturbing, cutting into, digging up, drilling, boring under, or excavating eicsaatien of a X street, swale, sidewalk, or other public right-of-way, or easement, as required by subsection (a) of this section, the individual, company, or agency shall deliver to the director of the department of resilience and public works a bond or surety aSUFety drash ' the farm eF " in the amount of one and a half of the cost of the restoration as calculated by the director of the department of resilience and public works- ' and nnt ' be me pFesGFibed by the . The bond or surety shall be of one of the following types. a. A site restoration bond written by an approved domestic suretv. Except for bonds for a Wireless Service Provider as defined in Section 337.401(7)(b)(13), Fla. Stat., as amended, all bonds shall carry the name and address of a local representative, be for an initial period of one (1) year, and shall be automatically extended in increments of one (1) year until the permittee and the surety company are notified in writing of the acceptance of the street restoration and closure of the permit. A site restoration bond -'for a Wireless Service Provider shall be time -limited to not more than 18 months after !...�#I.,o nnnc#n,n#inn #n ..,F,inh +ho Fnnri �nnlioc is nnmrlo#orI �nrl #hc flor»rhmon# of amount of coverage). -C. Irrevocable letter of credit drawn on a local bank, valid for an initial period of one (1) year, with automatic renewal in increments of one (1) year until the permittee and the issuing bank are notified in writing of the acceptance of the street restoration and the closure of the permit. (2) The director of the Department of resilience and public works may establish written rules and procedures City of Miami Page 20 of 28 File ID: 7634 (Revision: B) Printed on: 6/28/2023 File ID: 7634 Enactment Number. 13915 to accept a blanket surety in the form of a bond or letter of credit for cost of the O restoration of the public right-of-way or easement for recurring permit applications for Z m Z utility companies and agencies that demonstrate a continuing large volume of permit p a uJ applications. Additionally, any such blanket surety shall be subject to periodic review by P: u D the director of the Department of resilience and public works and shall be required to � d p be adjusted as necessary to sufficiently cover the costs of restoration assessed to each m Z H open permit and permit application. N (3) Upon receipt of the above -referenced surety, payment of the applicable permit fees, a a LL and completion of the appropriate application, the director of the Department of Y o resilience and public works shall deliver a permit for the work, and shall determine a W when the work is to be completed, including restoration of the street, right-of-way or W g °D = easement in accordance with the standards and specifications of the department of a resilience and public works. The individual, company, or agency shall thereafter, and o Z a not before, be authorized to proceed with the work and shall complete the same within Z UJ the time prescribed by the permit and applicable permit conditions. FE 0 N (4) Upon proper completion of the work by the permittee, as determined by the director of the Department of resilience and public works in accordance with the requirements of this chapter and other applicable codes, including the above restoration, within the time prescribed by the permit, the director of the Department of resilience and public works shall cause the amount of the surety to be returned to the person, company or agency to whom the permit was issued. (5) In the event that the permitted person, company or agency fails or refuses to complete the work, including restoration, within the time specified by the permit and/or applicable permit conditions, all payments, including the above -referenced surety, shall be deemed forfeited. The director of the Department of resilience and public works shall then be empowered to cause restoration to be done by contract, or by city forces, without regard to the status of the work sought to be done under the permit, and all costs thereof shall be payable by the permitted individual, company, or agency. If the required amount is not remitted within ten (10) days of written notice by the director of ibe Department of resilience and public works to the permitted individual, company, or :pbency, the forfeited monies shall be used to complete the work. Any costs in excess I c� �6fte available forfeited monies shall constitute and become a lien against the private > property if owned by said permitted individual, company, or agency, which adjoins 0 - "ei buts the street or right-of-way for which the permit was issued. Any forfeited co $, nies remaining after restoration costs have been paid in full may be returned to the p"mittee if the reason for the delay has been due to causes beyond the control of the (;mittee. Additionally, the director of the Department of resilience and public works N � ay administratively establish and enforce written rules and procedures pertaining to f the withholding of the issuance of new exGava#iep-permits to any individual, company, for agency that fails or refuses to complete the restoration work and obtain from the Department of resilience and public works depaFtmen a final inspection approval within the term of the previously issued excavation permit(s) to said individuals, company or agency. (e) Indemnity, hold harmless, and insurance. It shall be a condition precedent to the issuance of any such permit that the , City of Miami Page 21 of 28 File ID: 7634 (Revision: 8) Printed on: 6/28/2023 File IQ: 7634 Enactment Number. 13915 applicant agree to indemnify, defend, and hold harmless the City, its officials, employees, agents, and, if applicable, its instrumentalities and each of them from and against all loss, cost, penalties, fines damages, claims of any nature, including expenses and attorneys' fees, and any and all liabilities by reason of iniury to or death of any person, damage to, destruction, or loss to any property including the City, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permit/agreement which is directly or indirectly caused, in whole or in Part, by any act, omission, default, liability, or negligence, whether active or passive, of the applicant, its employees, agents, servants, or contractors, unless such act or omission is solely caused by the City, its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the City, its instrumentalities, officials, employees, and agents against all liabilities which may be asserted by an employee or former employee of the applicant, or any of its contractors as provided above, for which the applicant's liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar laws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the City, its instrumentalities, officials, employees, or agents, the City shall not be liable for any loss, iniury, or damage to any personal property or equipment of the applicant, its employees, agents, contractors, business licensees, or invitees placed on City property, and its instrumentalities, and shall be at the risk of the applicant thereof. The applicant shall be solely responsible for all activities and the installation and maintenance of traffic -control devices. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the permit. it shall be a further condition precedent to the issuance of any such permit for work to be performed in the public right-of-way that the permit holder(s) is/are jointly and severally responsible, at each permit holder's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of this permit/agreement. (1) Non-govemmental applicants: , the AeR cr�. _ w i ca > am= F-- % i �: N- q neGessaFy to pl:eted the Gity and any and all types and amounts of sWGh inswanGe GeyeFage(S) OF 1. . Prior to the issuance of any such permit, the non -governmental agplicant(s) shall submit to the City a certificate of insurance for each non- governmental applicant in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to, premises and operations liability, contingent and contractual exposures. XCU hazards, QCOW d � u Q O m � a o HLL O W Q W m W u Q ~ z� ° z N F2 W HVf City of Miami Page 22 of 28 File iD: 7634 (Revision: B) Pdnted on: 6✓28/2023 File ID: 7634 Enactment Number. 13415 TIE 0 aUJI _ co N LU c M CV C= Ca personal and advertising iniury, products, and completed operations. In addition, the o applicant hereby agrees to provide additional insurance requirements as required by W z O° W the City, including but not limited to umbrella liability, or any additional requirements or OQg endorsements as may be applicable, in connection with the scope of services a o contemplated by the Permit/agreement. The certificate must reflect primary and �. Z C noncontributory language and list the City as an additional insured. The certificate must m c5 LA also include coverage for all owned, hired, and non -owned vehicles with a combined N 2 X single limit of $500,000.00 per accident also listing the City as an additional insured, a a0 U. O and must further afford coverage for workers' compensation including waiver of `=' subrogation subiect to the statutory limits of the State of Florida. The insurance herein z a W required shall remain in full force and effect during the entire term of the permit. Co = -Additionally, all such insurance for non -governmental applicant(s) shall be subiect to ::annual review by the City's Risk Management Department and the applicant shall be O z a ��eguired to update as necessary to protect the City as set forth in this Section. N W X p N reinsurance policies required above shall be issued by companies authorized to do �.G,rlsiness under the laws of the State of Florida with the followina aualifications. ,approval of the City's Department of Risk Management. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. Certificates of insurance shall contain thirtv (30) days as to changes or modifications with notice to the certificate holder. (2) Governmental applicants: Prior to the issuance of any permit, the governmental applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance for each governmental applicant in accordance with and subject to the limitations as set forth in F.S. § 768.28. (3) Additional pennit conditions: It shall be a condition precedent to the issuance, to both governmental and non -governmental applicants, of any permit for work to be performed in the public right-of-way that the person(s) applying for such permit shall provide to the city's department of resilience and public works a surety in such amount(s) and such form(s) acseptaflse acceptable to the director of the Department of resilience and public works to ensure that such work: (i) complies with applicable codes, (ii) is conducted and performed in a satisfactory, safe and professional manner, (iii) pertaining to the public right-of-way is restored or maintained as required by the circumstances and extent of the work under such permit and any continuing maintenance and restoration agreement. Furthermore, the permit holders are jointly and severally responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right-of-way to its original condition before installation of the facilities and for any damages regarding continuing maintenance of the public right-of- way. (f) Obstruction of the right-of-way. In the eveRt that the PeFFAitted indiVidual, A separate permit shall be required pursuant to Section 54-3 for the permitted individual. City of Miami Page 23 of 28 File ID: 7634 (Revision: B) Printed on: 6/28/2023 File ID: 7634 Enactment Number. 13915 company, or agency to obstruct or temporarily close any portion of the right-of-way. No person shall be allowed under a permit provided for in this section to excavate, dig up or obstruct more than two (2) adjacent blocks at a time, and the work on one (1) of such blocks shall be completed and the sidewalk and street pavement shall be placed in as good condition as existed prior to the work being commenced before such person to whom such permit has been granted by the city shall be allowed to begin work in a new block. (g) Supervision by the director of the Department of resilience and public works. All disturbances, digging up or excavation of streets, avenues, sidewalks, pavements, swales, or sidewalk pavements in the city shall be made under the supervision and direction of the director of the department of resilience and public works. Sec. 54-43. Permit fees for right-of-way or street excavation, sidewalk repair, paving or resurfacing of roadway, parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, flume exGav , utility placement; underground utility service connection excavation, groundwater monitoring wells; permit renewal; after -the - fact permit, and inspection/reinspection fees; waiver of fees. (a) The permit fees to be charged by the Department of resilience and public works depa*neR for right-of-way or street excavation, sidewalk construction or repair, paying roadway/parkway/shoulder area paving or resurfacing, building line and grade or sidewalk construction survey sidewalk eeAstrge#+ei-, driveway construction, flume exeavat;ea, utility placement/replacement/repair/removal, underground utility service connection excavation, groundwater monitoring wells installation/abandonment/reestablishment, permit renewals, after -the -fact permits, aid inspections or reinspections, and any other work that proposes to disturb, cut into, dig up, or excavate any public street, swale, or sidewalk, whether the same is paved or unpaved, or to cause the same to be done within the city are hereby fixed as follows, unless the requirement of obtaining a permit or the imposition of a fee is prohibited by Section 337.401, Fla. Stat., as amended: (1) A non-refundable application fee of $50.00 and a non-refundable right-of-way assessment inspection fee of $50.00 shall accompany each permit application to the Department of Resilience and Public Works to be retained by the City regardless of action taken in the granting or denial of the permit. (�( Excavation permit: of$25. W. a. b- 50 lineal feet or less ..... $325.00 b.-e- Each additional lineal foot ..... 6.50 c. d-DFY FUR Feview of plaR6 and speGifirsatieRs, UPOR Fequest; Point excavaation,--� each excavation .....295.00 . cam= CO ..... 0.25 Fri c7 (2) Sidewalk repair permit: -� o h r- rn X x z m z UJ 0z2 � � u �aO Nza mO�^ Q°LL N°O W Q W C m W V a l-- z z W SON City of Miami Page 24 of 28 File ID: 7634 (Revision: B) Printed on: 6✓28/2023 File ID: 7634 Enactment Number. 13915 a. 50 lineaar feet or less ..... 82.50 b. Each additional lineafr foot ..... 1.65 L4L(3) Sidewalk construction permit: a. 50 IineaJr feet or less ..... 252.50 Each additional lineaar foot ..... 5.05 L�Lf4) Paving or resurfacing of travel lanes, parkway, or shoulder area permit: 50 linealr feet or less ..... 308.50 Each additional lineafr foot ..... 6.10 fgjL(5) Line and grade (curb and putter, sidewalk construction, and driveway approach) euFveypermit, ' , feviev� � a. 50 linealr feet or less ..... 360.00 car' C— =t(' C= b. Each additional lineatr foot ..... 7.20 -<� N j7Z(6) Driveway approach construction permit, each driveway ..... 115.00 �m 3P ..... 3n o rn rn ..... 295.00 (88) Utility permit: a. Utility glacement/replacement/repair/removal (poles, splice pits, bore pits, manholes, handholes, drainage catch basins/inlets, pedestals, vaults, cabinets, etc. 1. First on a City block ..... $295.00 2. Each additional on same block, same permit .....29.50 b. Underground utility service connection from base building line to the utility located within the public right-of-way (water, sanitary sewer, gas, electric, telephone, cable television, communication) 1. Each connection..... 295.00 c. Underground utility installation (watermain, sanitary sewer main, gas main, electric, telephone, cable television, communication, or stormwater) 1. 50 linear feet or less ..... 325.00 2. Each additional linear foot ..... 6.50 ® COW a� 1=u� � � u �Qo VIz 0 no ,Qa0 W Q W C m W U Q � ova re W �oN City of Miami Page 25 of 28 File ID: 7634 (Revision: B) Printed on: 6/28/2023 File ID: 7634 Enactment Number. 13915 d Soft dig utility locates soil borings soil/asphalt/concrete core samples, or any other minor point excavations or borings 1. Each location ..... 295.00 e. Groundwater monitoring well 1. Each well ..... 295.00, C-)M �aQ (9) Dewatering Permit Fees by days: 6 days or less ..... 520.00 3h 7-30 days ..... 635.80-750.00..E 31-90 days ..... 980.00 1,000.00 (10) Inspection fees: C`) r- r-n a. Stormwater: 1. Stormwater Inspection permit fee includes initial inspection, during the excavation process and final inspection of a proposed stormwater management system in the public right of way ... $170.00 2. Pipe/Structure Bedding and Layout ...$160.00 3. SW System Partial Backfill and Compaction $160.00 4. SW System Final - Backfill, Compaction, Interior Mud Work, and Pipe Lamping $300.00 b. Dewatering: 1. Initial ... $1 OM 2. Final ... $160.00 a-,3 c= N w C_ c M N CX) M o' M rn c. NPDES: 1. Field Compliance Check (Proactive and Reactive Inspections) — 0.5 uD to 1 acre ...$1,000.00 2. Field Compliance Check (Proactive and Reactive Inspections) — 1 acre and above ...2,000.00 3. Final — 0.5 up to 1 acre ...525.00 4. Final — 1 acre and above ... 750.00 d. Utility (water. pas, electric. telephone, communication. cable television. sanitary sewer 1. Initial inspection ...$75.00 2. Utility structure placement ... $75.00 3. Utility installation temporary restoration ...$75.00 4. Utility restoration limits determination ...$75.00 5. Utility final restoration ...$225.00 e. Reinspection fees: When additional inspection is required for work previously inspected and rejected by the Department of Resilience and Public Works, a reinspection fee will be required for each reinspection: $150.00 (11) 424 Permit renewal fees prior to expiration and reactivation fees of original permit: Ninety -day extension of permit fee expiration date ..... 11509 150.00 zmUii u 2 Sao N z c moN QoU_ a p W Q W C CO W _Q :.% ~ ova N W �oN City of Miami Page 26 of 28 File ID: 7634 (Revision: 8) Printed on: 612812023 File ID: 7634 Enactment Number. 13916 A new application and reactivation fee shall be required for expired permits at a rate of 25 percent of the original permit fee., calculated at based on the current fee schedule. (b) Permit fees will be computed only for the primary item of work for which a permit is required. The fee collected will also cover items of work incidental to the primary item and all processing and inspection services rendered by the Department of resilience and public works depaFtFneR . (c) Permit fees shall be paid in full upon completion of all reviews and prior to the issuance of the permit. The director of the Department of resilience and public works may establish rules and procedures to allow billing for payment of permit fees on a monthly basis for recurring permit applications for utility companies and government agencies that demonstrate a continuing large volume of permit applications. (d) With the exception of non -revenue generating government agencies, such as Miami -Dade County's Department of Transportation and Public Works, in accordance with Sections_ 54- 3 and 54-42 of the City Code, all permittees working in the public right-of-way must resolve all open violations, unpaid fines, and/or unpaid fees in order to apply for or receive any new permits. LeL{(14 Upon receipt of a written request from a non -revenue generating government agency, such as Miami -Dade County's Department of Transportation and Public Works, P-permit fees under this section may be waived, by the city manager or designee for roadway improvement projects by the Miami Dade Geunty PubliG WeFks DepaFtM that are not a component of, or ancillary to the construction, maintenance., of repair, or restoration of revenue producing facilities in the public right-of-way. ft(,L+This section shall be annually reviewed by the city commission at the time of adoption of the budget. Section 6. Chapter 62 of the City Code, titled "Planning and Zoning", is further amended in the following particulars:' c) "CHAPTER 62 nrn C__ PLANNING AND ZONING •< r' �N � CD M. ARTICLE II. — COMPREHENSIVE PLANNING =--< o �'"'ili c) •- Sec 62-12. Fee for inspections and examinations of plans for compliance with the p%visians of the city zoning ordinance and miscellaneous zoning fees. (h) Fees for review of legal documents for compliance with zoning and technical requirements including, but not limited to, unities of title, covenants, releases, and modifications shall be $75.00 per document. Department of Resilience and Public Works review .....$275.00 City of Miami Page 27 of 28 File ID: 7634 (Revision: B) Printed on: &28/2023 File ID: 7634 Enactment Number: 13915 ARTICLE VI. — ZONING AND PLANNING FEES Z m W 0 Z Sao Sec 62-22. Schedule of fees. m z In (5) Temporary uses and occupancies permits. N 0 c. Interim parking lot permit: N 0.0 2.Department of resilience and public works review ..... 295 88 525.00 u z Z Q W CCW CO W it it it ,t n L u Q ~ 0 z a Section 7. If any section, part of section, paragraph, clause, phrase, or word of this 0 tq Z Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. = 0 N Section 8. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 ria dez,C ity Attor iey 7/14/2020 ria dez, Cify Attor iey 919l2020 ria dez,City ttor ey 6/22/2023 rT er;• c = g CC) u �� a.ttyitiy Ql w�a 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 28 of 28 File ID: 7634 (Revision: 8) Printed on: 612812023 lip Miff City of Miami Oslo .:; Legislation Ordinance File Number: 7634 SUBSTITUTED Final Actin Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAP R 2/ARTICLE IWDIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FL IDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/RESILIENCE AND PUBLIC W KS DEPARTMENT", CHAPTER 2/ARTICLE X/SECTION 2-289 OF TH ITY CODE, TITLED "ADMINISTRATION/CODE ENFORCEMENT/SC DULE OF CIVIL PENALTIES", CHAPTER 22.5/ARTICLE VI OF THE CITY ODE, TITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIM TATION, AND AIRBORNE DUST GENERATION CONTROL", CHAPTER 5 F THE CITY CODE, TITLED "STREETS AND SIDEWALKS", AND CHA ER 62/ARTICLE II/SECTION 62-12 OF THE CITY CODE, TITLED "PLAN G AND ZONING/COMPREHENSIVE PLANNING/FEE," BY P IDING FOR RESILIENCE AND PUBLIC WORKS DEPARTMENT EPARTMENT„ FEES; FOR INSPECTIONS AND EXAMINATIONS OF P S FOR COMPLIANCE`" WITH THE PROVISIONS OF ORDINANCE NO. 114, AS AMENDED, THE . a ZONING ORDINANCE OF THE CITY OF MIA LORIDA; BY PROVIDINU: -.; FOR BOTH NEW AND ADJUSTED DEPART NT FEES RELATED TO THEc", PROCESSING AND RECORDATION OF P TS, STORMWATER POLLUT�ip� PREVENTION PLANS, RIGHT-OF-WAY P RMITS, DEVELOPMENTAL `n REVIEWS, PROCESSING OF DEEDS DEDICATION AND QUITCLAIM rn DEEDS, AND FOR THE PROCESSIN AND REVIEW OF OTHER`•' DOCUMENTS CONDUCTED BY TH DEPARTMENT; PROVIDING FOR STANDARDS FOR INSURANCE VERAGE AND INDEMNITY BY APPLICANTS IN CONNECTION ITH SUCH PERMITS; FURTHER PROVIDING FOR ENHANCED ENALTIES PURSUANT TO SECTION 162.09(2)(D), FLORIDA STA TES, FOR CERTAIN CIVIL VIOLATIONS RELATED TO THE PUBLI IGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING F AN EFFECTIVE DATE. WHEREAS, Cha er 2/Article IV/Division 4 of the Code of the City of Miami, Florida, as amended ("City Code" rovides the fee schedule for the processing of covenants, construction plans, and recordati of plats by the Department of Public Works and Resilience ("Department"); an WHERE/CS, Chapter 2/Article X of the City Code provides the schedule of civil penalties; and W REAS, Chapter 22.5 of the City Code outlines the City's environmentally -friendly initiativey such as the reduction of greenhouse gases by the City of Miami's ("City") vehicular fleet, g0rchase of environmentally preferable products, and construction and development req ' ments such as soil erosion, dust control, and Florida -friendly fertilizer usage; and fight WHEREAS, Chapter 54 of the City Code provides the fee schedule for the processing of -of-way permits; and Cily of Miami File ID. 7&U (Revision: A) Printed On: WWW20 WHEREAS, Chapter 62 of the City Code provides the fees for inspections and examinations of plans by the Department for compliance with the provisions of OrdinancQ No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 CoV); and WHEREAS, currently, the fees referenced in Chapter 2, Chap/22,5haa r 54, and Chapter 62 of the City Code do not sufficiently cover the average coso perform 0 the processing of said documents, permits, inspections, and related w LLI WHEREAS, it is in the best interest of the City to amend Chapter 22.5, Chapter 54, and Chapter 62 of the City Code to adjust said fees; and WHEREAS, the changes to fees in this Ordinance are relatedd upon the actual cost to the City for reviewing and processing the various appr,, and other regulatory requirements as more specifically provided for herein; m WHEREAS, it is the intention of the City not to constru is Ordinance in such a way N which conflicts with State law, including, specifically, Section 7.401, Florida Statutes, regarding permissible permit requirements and fees for ce in communications providers; and WHEREAS, the modifications of civil penalties violations of these Sections of the City Code are necessary to ensure conformity with State ; and WHEREAS, the City Commission find ders th all new and adjusted fees in this Ordinance are reasonable and commensurate with the t and actual cost of the regulatory activities described herein, including issuing and pro c ing permits, plans reviews, physical inspections, direct administrative costs, and similar wor NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals an endings contained in the Preamble to this Ordinance are adopted by reference and incora 5rated as if fully set forth in this Section. Section 2. Chapter rticle IV/Division 4 of the City Code, titled "Administration/Departme /Resilience and Public Works Department", is further amended in the following particulars- "CHAPTER 2 4� k� c s c_ ADMINISTRATION " `n r d a y ..1.} F, ;E co .nsar. ARTICLE IV. DEPARTMENTS '. DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted and unchanged material. City of Miami File ID: 7634 (Revision: A) Printed On: 9115/2020 Sec. 2-265. Same -Duty to establish minimum standards for p/water,whether orks. The director of resilience and public works is hereby azed and dire ed to .. promulgate rules and regulations establishing minimum standertaining the construction, W improvement, repair, maintenance of streets, sidewalks, alleyes, bridg , viaducts and other public highways, sewers-stormwater management systeains, di es, culverts, D canals, streams, watercourses, seawalls, boulevards, squaresother blic places and grounds belonging to the city or dedicated to public use or owy th city as an easement or any other right of use whatsoever, and to establish, amend, pa enforce uniform and comprehensive minimum standards, plans, drawings, specificnd control of the design, m construction, development, improvement, repair and location ublic works under his/her authority, whether on or above or below the surface of the lanater, whether financed or constructed by any federal or state political subdivision or privrson, firm or corporation. Sec. 2-266. Functions of department -Generally. The functions of the Department of resilience ao public works men shall include the permitting, oversight, inspection, management, an supervision of all public works, including those public works projects carried on in the public r' t-of-way, right-of-way permitting, transit and mobility functions, and all duties and functions eretofore a part of the department of engineering and the division of streets, bridges sewers heretofore a part of the department of public service. These functions and duties ar hereby transferred to the Department of resilience and public works e+;and s II be carried on by such department. Sec. 2-268. Fee for preparation of do ents containing covenants to run with the lard, iLOL allowing the use of public (b) Except as more sp of legal documents, ini harmless agreements, use of public right-of-m shall be collected bvAO follows: IZ claim d ds waiver of fee; fee for preparation of docLBjjbts Z-- it-of- y by private entities; recording fee. < ,. -nX CO � v described in this Section, €sr for the preparation and(procd3sing M but not limited to, subdivision improvement bonds and:"hold- Jm deeds with the City as grantor, and anv agreement a#Iowft the r by private entities, excluding permits, a fee of $2,760.09 $2,800.00 director of resilience and public works. 2. All other properties ... 1,125.00 u In addition to the above fees, the party proffering the legal document shall also pay the ording fee, as established by the state. Sec. 2-269. Checking and recording plats and alley closures or vacations -Fee schedule; waiver of fee. city of Miami File ID: 7634 (Revision: A) Printed On: W152020 (a) The fees to be charged by the resilience and public works department for plafng determinations, processing tentative plats, reviewing and processina certai lattin exception approvals, and recording plats submitted for approval of the city ncluding the In inspection of the permanent reference monuments set in the fieldZeCitv are h by fixed as W follows: (1) Platting determination. Platting determination or determinaseparation $695. )a- 850.00 ~ 2 Plattingexception submittal pursuant to Section 55-10 c oode ..... 975.00 m MQ Recording plat. a. Te-asesmpaay For submittal of tentative plat /houtclosure and co N N EINUUTO 11 1i with bc. For fesabmissien resubmittal of for an extension of time ..... 900-.W2 UJ .J �.� sd. For fesubmissi�► a ...900-002,400.00 �`'' }_ade. For resubmission _.closure and vacation/ ....... 900:_03,200.00 u- f. For resubmittal of �! Rl plat when submitted f49F FEIGGG tentative plat by different owner of tentative plat with new boundary without eg. To accompjfiy final plat when submitted for recording .....2,500.003,700.00 (34) Extending sub vision improvement time limit. For each time limit extension granted for completion of bdivision improvements required in conjunction with a recorded plat .....295.00 or, five perc t 5% of the subdivision improvement bond amount, whichever is greater. (b) The processi fees required by subsection (a) may be waived for governmental entities and agencies. (c) The fee o be charged for an expedited review for processing tentative -final plats and recording ats submitted for approval of the city, including inspection of the permanent referencjr monuments set in the field, are fixed as follows*: City of Miami File ID: 7634 (Revision: A) Printed On: 9/15/2020 Mylar review Base fee $1,000.00 Plus fee per tract/lot ..... 500.00 authorize, subject to staff availability. (d) Fees to be charged pursuant to subsections 55-15(i) and 55-150) providing method for the closure or vacation of alleys which abut parcels of land zoned Application fee ..... $525.9 )$2,OOO.00 Recording fee .....*** Publication fee .....*** Vacation and alley closure fee pursuant to subsection 62-156(6 *** These fees shall be determined contingent upon fees Dade County recorder's office at time of publication and i Constitution shall not exceed ..... $1,800 Not applicable an alternative 0 residential. LLI m by the newspaper and Miami- (h) Fees to be char ed pursuant to ubsection 54-4.1 b providing for a release of lit N easement reservation ..... 2 000 0 - ! o "+ ry ca Z zpr,--- < M Sec. 2-272. GhBGking review fee. .� ry (a) The fees to be arged by the Department of resilience and public works�t for processing and reviewing private development GeRMFUGtO9121 plans submitted for approval of the jfty are hereby fixed as follows: (1) F,4nce, wall, slab, or sign .....$50.00 Underground tank PeFITIO .....155.00 (3) Single-family or duplex residential construction, reconstruction, remodeling, renovation, repair, or addition peRflit .....268.00 (4) Multi -family residential and all nonresidential construction, reconstruction, remodeling, renovation, repair, or addition wit: City of Miami File ID: 7634 (Revision: A) Printed On: W15/2020 New multi -family residential (<'/2 acre) .....940.00 0 New commercial (<% acre) .....1,043.00 LLI New multi -family residential (zM acre and <1 acre) .....1,520.00 D New commercial (z'/z acre and <1 acre) .....1,650.00 Large development (residential/commercial z1 acre) .....2,775.00 m (5,) Subdivision improvement engineering plan ..... 1,800.00 (6) Review and marking of Base Building Line On signed/sealed Bounda Survey ..... 125.00 For Planning/Zoning applications ..... 250.0 (7) Underground utility installation ..... 295.00 8 Under round utility service connection ity structure placement ..... 75.00 9 Monitoring wells soil borings, coring / /pling, utility locates minor non -utility excavations ..... 350.00 10 Building construction/mainten ce(scaffolding, crane dum ster ..... 225.00 11 Right-of-way closure (temp/ary (temp/atraffic control temporary construction fence .. 75.00 - _�. (12) As -built clan o � � a. Stormwater..z `-nrn °Q �C') aP < b. Line and dade, r)avement,sidewalk curb and gutter..... 375.00� i C. Under ound utilities .....650.00 r"a 1 a. Stormwater..... 300.00 b. Line and grade, pavement, sidewalk, curb, and gutter ...... 300.00 c. Underground utilities ..... 300.00 d. Aboveground utilities..... 200.00 City of Miami File ID. 7&W (Revialon. A) Printed On: 915=20 175.00 (b)The fees to be charged by the department of resilience and public wor/Iop sing and reviewing plans for work in the right-of-way that is not related to a privatent Q submitted for approval of the city are hereby fixed as follows: W (1) Underground utility installation ..... $295.00 D 2 Underground utilityservice connection utilitystructure lacem0 F" 3 Monitoring wells soil borin s corin /sam lin utilit locate/minor minor non-utilit excavations ..... 350.00 CO 4 Street construction sidewalk repair. sidewalk constr/ion,curb and gutter, roadway paving roadway resurfacing) ..... 195.00 N N. 75.00 (7) As -built plan :1 "n N zcurb n a. Stormwater..... 650.00 CIJrn a c— C= mt 10 b. Line and grade, Daveme and gutter ...... 375.00 OD /..650.00� �—� c. Under round utilities M d. Above round utili s..... 375.00 r r cv -14 350.00 (8) Dry Run plan d. Aboveground utilities ..... 200.00 e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc.) ..... 175.00 (bc) Expedited plan review service for special projects. A "special project" is defined as a project having a development order, or any other project as determined by the city manager, or designee, as having special interest to the city. The services will cover the Cfly o1 Miami File ID. 7&U (Revision: A) Primed On: Wl SW20 resilience and public works department expedited review and shall be in addition tofy and all other applicable permit fees. Outside source review will be the preferred methogr Outside source review fee: Actual cost plus 15 percent* *Fifteen percent is the administrative fee to cover the cost of In-house review fee not to exceed four hours: $350.00 (434) The fee required under this section may be waived by the direct of resilience and public works for governmental entities and agencies. * * * * Section 3. Chapter 2/Article X/of the City Code, titled "Administr ion/Code Enforcement", is further amended in the following particulars: ARTICLE X — CODE ENFOR MENT v -q+� N * no * * * M m Sec. 2-829. Schedule of civil penalties. o= co M CITY CODE OF THE CITY OF M MI, FLORIDA, AS AMENDED y. M 3� —C., o .. w Code Section I 1 Description of Violation ' Civil Penalty I Unlawful discharge of pe leum products into $240.90500.00 or as determined 49-2 C�stormwater mana ent system e sanitaFy by the City Manager plus costs as i by the City Manager or co,.,e�cdetermined i�6' i designee 525.90500.00 or as determined by 49-3 Unlawful discha a of human excreta. the Cip Manager plus costs as determined by the City Manager or i designee I Unlawful 'charge of wastewater from 210.90500.00 or as determined by 49-4 �construc n excavation into city stormwater the City Manager plus costs as mana ent s stemsewef. determined by the City Manager or designee i Di arge or dumping of septic tank contents into 525.00500.00 or as determined by 49-5 stormwater management systemstaFm er the City Manager plus costs as determined by the City Manager or designee Failure to obtain permit to obstruct street, or 262.50500.00 or as determined by 54- sidewalk or impede traffic or failure to pay usage the City Manager plus costs as fee. Daily usage fee will be required to be paid in determined by the City Manager or designee addition to payment of the applicable penalty 54-3 Failure to comply with conditions set forth by such 262.59250.00plus costs as City of Miami File iD: 7634 (Revision: A) Printed On: 911&2020 0 W H D ►I permit, each violation. determined bv the Cit ana er or j designee Unlawful use of street or sidewalk for advertising 242-.30250.00 pluAosts as 54-8 or display p y purposes. determined b t CityMann er or designee Failure to obtain permit for lawful advertising or 262.60250.01DIus costs as 54-8 display in the public right-of-way. determineAy the City Manager or desi nee �8 0.00 plus costs as 54-9 Placing signs on street or sidewalk surface. deter fined b the Citv Mana er or des' nee 54-12 Placing glass or other injurious substances on I streets. .50 Failure to remove utility facilities to permit 52.W250.00 lus costs as 54-14 improvement of streets. p determined by the City Manager or designee Failure to notify public works 24 hours prio 0 52.58250.00 plus costs as 54-41 commencing construction. determined by the City Manager or designee 210.00500.00 or as determined by 54-42 Disturbing, cutting, digging or excav ing any the City Manager Ousicosti�as 1 portion of the public right-of-way w' out a permit. determined by the Ci?Ma Eger. designee 54-44 Failure to construct sidewalk h standard 52.50250.00 plus costs' aspZ. determined by the Citi Ma alter or'� material. _ designee Failure to obtain approy of location and 52 50250.00 plus colas 54-47 construction of drivew _ determined by the CitiManeger or designee �s 195.09500.00 or as determined by 54-48 Refusing to allo spection. the City Manager plus costs as determined by the City Manager or designee 210.90500.00 or as determined by 54-48 Failure to mply with stop work order. the City Manager plus costs as determined by the City Manager or designee 52-.W500.00 or as determined by 54-51 F ' re to obtain proper street grade and lines. the City Manager plus costs as determined by the City Manager or designee Failure to lay sewers, water and gas mains, 210.00250.00 plus costs as 54-52 telephone and electrical conduits prior to street determined by the City Manager or designee improvements. Allowing sidewalks to remain in dangerous 52-.W500.00 or as determined by /-54 condition. the City Manager plus costs as determined by the City Manager or CRY OfMiami FIM ID: 7& t (Revision. A) Printed On. W"020 (A CO D (A designee t 262:50250.00 plus co as i 54-56 Failure to construct reconstruct, or repair the determined b the Ci Mana er or street improvements. designee 54-57 Obstructing streets or sidewalks with trash lumber 52.50250.00 lusts as determined by Ae City Manager or or other obstructions. designee 5250500.or as determined by 0 Failure to obtain proper permits or authorization Cit the City na er Ius costs as thedet 54-86 for placement of a bench or a shelter upon public i d by the City Manager or right -of --way. desi 00.00 or as determined by th i Mana er lus costs as 54-91 Failure to maintain proper clearances for placement of a bus bench or shelter. Aermined by the City Manager or esignee Failure to properly maintain a bench and/or 52.60250.00 plus costs as 54-92 shelter. determined by the City Manager or designee � 62.50500.00 or as determined by 54-93 Failure to comply with bench and/or shel r size the City Manager plus costs as determined by the City Manager or requirements. designee Failure to properly display name/a ress, and ` 52.50 plus costs as determined by 54-94 local telephone number of bench d/or shelter "gne9 � the City Manager or destgn�; company. 54-132 Failure to properly affix numb ing to building as 105.00 plus costs as keraik ed required. by the City Manager.:dr-4esiRgee Unlawful placement of a sign designating 54-134 street, avenue or other blic place by a different 52.50500.00 or as deteimiryad by name than by which i generally and legally the City Manager - known. 52.50500.00 or as determined by 54-135 Defacing or /remal of any street signs posted in the City Manager plus costs as the city. determined by the City Manager or designee Unlawful nstruction or installation of an �A-00500.00 or as determined by 54-193 encroa ent within the dedicated right-of-way or the City Manager plus costs as within a undedicated right-of-way. determined by the City Manager or designee 525.00500.00 or as determined by the costs as 54-221/erating a sidewalk cafe without a permit. y theer it determined by the City Manager or determinedg designee maintaining, or operating newsrack on Placing, g, 5940250.00 plus costs as a 54- 3 any public right-of-way without a permit. determined by the City Manager or designee 4-266 1 Installation, use and/or maintenance of 62-.W250.00 plus costs as Cky Of Miami File /A: 704 (Re h*m: A) P►fnftd On: a(1S 020 IO Uj n Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or traffic; fees; waiver of fees. A (a) Scope. No person shall perform or conduct any work in the public right- -way, sates (any work including, but not limited to, digging, drilling, repaving, instaliA or maintainin utilities, etc.), which obstructs, closes, or causes to be obstructed or qfsed, any street, sidewalk, or any other part of the public right-of-way in this city, or w ch impedes the general movement of vehicular or pedestrian traffic, without first h ing obtained a permit approved by the police department, the Department of resilience nd public works department, the off-street parking department, the risk manage ent department, the neighborhood enhancement team department, and the transit and mobility division. After approval by the departments of polic esilience and public works, off-street parking, risk management, neighborhood enhan ent team and the the transit and mobility division, the manager, or designee, shall issue a permit. No person shall apply for a permit to pe rm or conduct work in the public right-of-way without disclosing in writing on the permit plication form the person(s) on whose behalf such work in the public right-of-way is ing performed or conducted. If such work is being performed by one or more persons) behalf of any other person(s) for using, constructing in, excavation of, maintenanc f, owning and/or operating any type or manner of system, equipment, or device within public rights -of -way, then all persons must comply with all application and permittin equirements of the city. Failure Of aq, person(s) to fully disclose his/her/their intere participation/representation in the'pehmit application and/or to fulfill all city requireme s for issuance of the permit shalftletult-in (1) immediate revocation by the city, without a necessity of any further action, hearing; or 0 proceeding, of any permit previously gr ed resulting in such permit becomifto.;itull Wd M void, or (2) issuance by the city of a wr' en notice that such permit will not be:cranted, as the case may be, due to violation of t s provision by the person(s) who appl or 3-Wh < permit. The city shall have the right take all legal measures and seek all a�titable- remedies to enforce this disclosur provision. Except for applications for permits. by nQn- revenue generating government ntities, no person(s) or those performing the yvbrMan behalf of any other person(s) y apply for a permit if the person(s) or those performing the work on their behalf currently a outstanding fines, debts, or delinquencies to the city related to prior permits issu by the department of resilience and public works, or due to performing un- ermitted w k in the public right-of-way. If such outstanding fines, debts, or delinquencies are owed those performing the work on behalf of another, then the denial of the ability to apply fo nd/or receive a permit shall be accompanied by a notice, mailed to the person(s) appl ' g for the permit, notifying them of the outstanding fines owed by those attempting to rform the work on their behalf and stating the amounts owed. (c) Indemnity, hold rmless and insurance. City of Miami File /D: 7634 (Revision: A) Printed On: 9/152020 In W N CO D N fin permit. It shall be a further condition preceAnt to the issuance of any such perrrijit for -work to be performed in the public riaht-of-wavAat the permit holders is/are iointl!'h'd severally responsible, at each germit h er's sole expense, for any damage tegarding restoringthe public ri ht-of-wa to its i inal condition before installation of f6dilities. he `d indemnification shall survive termin on of this permit/agreement. M (1) Non-govemmental applican s). Prior to the issuance of any such permi f,-ft norm- �7 governmental applicant(s) all submit to the city a certificate of insurance 16 eaT9 non -governmental applic in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregat , and any endorsements thereto, including, but not limited to, premises and operatio liability, contingent and contractual exposures, XCU hazards, personal and adverti g injury, and products and completed operations, and-hest-liq� ability, if n addition, the applicant hereby agrees to provide additional insurance require nts as required by the City, including but not limited to umbrella liability, or any a itional requirements or endorsements as may be applicable, in connection wit he scope of services contemplated by the permit/agreement. The certificate m reflect primary and noncontributory language and list the city as an additional i ured. The certificate must also include coverage for all owned, hired, and non-owne vehicles with a combined single limit of $1,900,000.0-0 500,000 per acciden Iso listing the city as an additional insured, and must further afford coverage for wor is compensation including waiver of subrogation subiect to the statutory limits of th tate of Florida as requiFed by RON& statute. The insurance herein required sha remain in full force and effect during the entire term of the permit. Additionally, all stigh insurance for non -governmental applicant(s) shall be subject to annual review by fcecessary city's risk management department and the applicant shall be required to update as to protect the city as set forth in this section. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following Qualifications: The company must be rated no less than "A-" as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide City of Miami File ID: 7&U (Revision: A) Printed On. WIZi020 In W D H H CO D s nonconforming newsracks. determined by the Cily Manitger or designee 54-268 Allowing a newsrack to remain in a state of abandonment. 52-.58250.00 DIUS cost s determined by the CitifManager or designee 54-300 Failure to obtain telecommunications permit agreement. 625.00500.00 or J9 determined b the City ManaasirDlus costs as determined b he City Manager or designee 54 -399 (depaFtment in wititing tan days pA9F to teler.emFFlUniGations system. I 52.50 Section 4. Chapter 22.5/Article VI of the City Q Waterway Sedimentation, and Airborne Dust Generatio following particulars:' "CHAPTE 2.5 GREEN I IATIVES ARTICLE VI. SOIL EROSION, WA GEI Sec. 22.5-127. Administrative titled "Green Initiatives/Soil Erosion, ntrol", is further amended in the JAY SEDIMENTATION, AND AIRBORNE DUST TION CONTROL As a condition precedent to th ssuance of any resilience and public works, zoning, planning, building, or demolition permi or a construction project which will disturb 0.5 acres or more of soil, the applicant shall pa a city a stormwater utility fee of $395-.W595.00. All fees and fines generated as a result of s article shall be deposited into the stormwater utility fee account in the general fund for th tormwater management system and shall be used to administer this program and to furth he city's efforts prevent pollution of stormwater systems. Sectio Chapter 54 of the City Code, titled "Streets and Sidewalks", is fu"r w amended in a following particulars:' C-)M c.., J r� <," rn "CHAPTER 54 0 "+ fv `*+ 0 00 STREETS AND SIDEWALKS C-) .I rn rn i �i w ARTICLE I. IN GENERAL =� City of Miami File ID. 7934 (Revision: A) Printed On: W152020 in W m n N having or exceeding the required rating criteria. with notice to the certificate holder. (2) Government applicant(s). Prior to the issuan/nager such pe it, the governmental applicant(s) shall submit to the city a certificaance o etter of self-insurance for each governmental applicant in accordand su ect to the limitations as set forth in F.S. § 768.28. (d) Temporary obstruction of streets and sidewalks. (1) Any permit issued pursuant to this chapter unction may be revoked at any time for violation of the terms of the permit. Thager or his/her designee may revoke this permit with justification. (2) The permit holder shall not locate a temporaailer, portable toilets, equipment or storage of materials, constructiond/or supplies within the temporary obstructed right-of-way. Such to rary office, trailer, portable toilets, equipment or storage of materials constru on spoils, and/or supplies may be allowed by the Department of resilience and publ' works depa subject to a separate fee, subsection (e)(54), in addition to the fe or a permit for the partial or full obstruction or closure listed in subsection (e)(43). A olation of this section shall result in a fine of $�58 250.00 per day for each v' anon. (3) If the dimensions of the obstruc ' n exceed the dimensions allowed by the permit, the permittee and the building own shall jointly be assessed a fine equal to $50 250.00 per day for each viol on, plus any appropriate additional fees for the obstruction. (4) The permittee must pro e a construction staging plan showing the locationf lifting equipment, if applicabl ingress and exit points, and a signed and sealed t"'emeif from a State of Florid egistered professional engineer i+ a statestating that noer C*) suitable, onsite alte ative exists. CO (5) F/edge of is section, the following definitions shall apply: 7.C' � fence screen is a light, flexible fabric bearing printed texta(id piires to gtion and with edge grommets to facilitate attachment to a rigidllrame.. w on windscreen is a visual/dust barrier composed of a flexible, Woven fabe grommets to facilitate attachment to a rigid frame. construction fence is used when contracting or planningto construct impon the premises and which facilitates temporary security and surety for (6) Subject to compliance by the permit holder with applicable provisions of the sign codes of Miami -Dade County and the city, the permit holder may affix a construction fence screen or construction windscreen containing onsite advertising to the temporary construction fence abutting or located in the public right-of-way subject to an additional fee listed in subsection (e)(6). The dimensions of the construction fence screen or construction windscreen shall not exceed the dimensions of the temporary construction fence, and shall comply with section 33-99 of the Miami -Dade County Code. The content of the onsite advertising shall be limited to pictorial and text information advertising the sale or rental of the premises, construction actually being done on the premises, or future construction to be done on the premises on which the onsite Cky of Miami File 1D. 7634 (RavhOon: A) Printed On: W1512020 in W CO advertising is located. For purposes of this section, such advertising described in t preceding sentence shall only be onsite advertising. No advertising is allowed for goods, off -site products or services, alcoholic beverages, tobacco products or It entertainment as defined by the city zoning code. Nothing in this section shall e interpreted to permit a sign where the sign copy does not pertain to the use the property, units sold, or the sale or lease of the property on which sign is di layed and which does not identify the place of business as purveyor of the units ad rtised on the sign. A violation of this section shall be punishable by a fine of $250.0 er day for each offense under the provisions of chapter 2, article X of the City e, and any other remedies as provided by law, jointly and severally, including, t not limited to, suspension or revocation of a CU, BTR, permit, or any other lega emedy as deemed Q appropriate by the city. The use of one remedy shall not preclu the use of another. W (e) Fees. �•• (1) A non-refundable fee of $120.00 shall accompany each it application to the police department, to be retained by the city regardless action taken in the granting or denial of the permit. (2) An non-refundable application fee of $50.99 95.0 nd a non-refundable initial inspection fee of $50.00 shall accompany each pe it application to the Department of CO resilience and public works departmen , to be ret ed by the city regardless of action taken in the grantiM or denial of the permit. N (3) A non-refundable permit fee of $325.00 sV be paid prior to permit issuance for all right-of-way closures. Non-refundable PIC review fees in accordance with Section (4) A non-refundable publi ght-of-way usage fee for the partial or full obstruction by construction or maintenance related activities a. —$8.25 $0.30 per ear foot per day of sidewalk/curb/swale usage. b. —$0.35 0.40 p linear foot per day of parking lane usage.* *This fee is ' addition to fees payable under chapter 35 of this Code, as gmer cged. c.--$9.49 5 per linear foot per day of lane closure or partial lane closu4rj:4f tragic and a iary lane usage.All fees shall be paid prior to permit issuance. Q—+ ry ~qrn CO (5) A n -refundable fee for a temporary office, trailer, portable toilets, equip it o�� < sto ge of materials, construction spoils. and/or supplies within the partial ofill 6'i 0 o truction area shall be as follows: �� •• C� -- $0.40 0.15 per linear foot per day of sidewalk/curb/swale usage. C.A) b. —$0.45 $0.20 per linear foot per day of parking lane usage. c. —$0.29 JQ.25 per linear foot per day of lane closure or partial lane closure usage. All fees shall be paid prior to permit issuance. CRY of Miami Rio ID. MU (Revhftn: A) Pdnbd On: 9IP WW20 (6) A non-refundable fee of" $0.10 per square foot per day of constructi fence screen or construction windscreen containing advertising affixed to temp ry construction fence located abutting the public right-of-way or in the pub' right-of-way. All fees shall be paid prior to permit issuance. (7) All fees collected by the Department of resilience and public work in accordance with subsection (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) all be deposited in Q a rollover account to be known as the lane closure fund. This ac unt shall be used for W the Department of Resilience and Public Works for engineerin upport services, training, materials, and equipment related to right-of-way clos es, and for public right- M of-way maintenance and improvements. (8) Waiver of fees. The fees described in subsection (e)(4), )(5), and (e)(6) shag may not apply to the city or any other non -revenue generatin N government or school district entity, or while construct , excavation, and repair work m is being actively performed within the public right -of- y. The fees described in subsection (e)(1), (e)(3), (e)(4), (e)(5), and e(6) her n above may be waived or reduced by the city commission if the commissio etermines that such a waiver or (� reduction is in the city's best interest. (9) After -the -fact permit fee. For any public sti 3, performed without the required permits a permit fees, application fees and inspect io through (e)(6) herein. For alley closure described in section 54- inspections, quadruple the amount of all :s as described in subsections ke)(1) � w �m L # -CC 71 ,) -4 N ARTICLE II. — CONzedfordisturbina. ION, EXCAVATION, AND REPAIR -IM w MC -)Sec. 54-42. €�savatiGRG.-Permitrea cuttina into. diaaina uD. drillind.' borfrra right-of-way. (a) Permit required. Except provided in subsection (b) when any person desires to disturb, cut into, dig up drill into ore under, or excavate any public street, swale, or sidewalk, whether the same is p ed or unpaved, or to cause the same to be done, application shall be made to the direc r of the department of resilience and public works for permission therefore. No pers shall apply for a permit to perform or conduct work in the public right- of-way without di osing in writing on the permit application form the person(s) on whose behalf such wor in the public right-of-way is being performed or conducted. If such work is being perform by one (1) or more person(s) on behalf of any other person(s) for using, constructing, xcavating, maintaining, owning or operating any type or manner of system, equipment, r device within the public right-of-way, then both/all persons must comply with all appli on and permitting requirements of the city. Failure of any person(s) to fully disclose is/her/their interest/participation/representation in the permit application or to fulfill all city quirements for issuance of the permit shall result in (1) an immediate revocation by the c' of any excavation permit previously granted resulting in such permit becoming null an oid (without the necessity of any further action, hearing or proceeding), or (2) issuance b he city of a written notice that such permit will not be granted, as the case may be, due violation of this provision by the person(s) who applied for such permit. The city shall ave the right to take all legal measures and seek all available remedies to enforce this disclosure provision. Except for applications for permits by non -revenue -generating government entities, no person(s) or those performing the work on behalf of any other person(s) may apply for and/or receive a permit if the person(s) or those performing the City of Afteml File ID: MU (Revision: A) Printed On: 9/1&2020 M M 0 ,�" °" {a M a work on their behalf currently owe outstanding fines, debts, or delinquencies to the c' related to prior permits issued by the department of resilience and public works. If ch outstanding fines, debts, or delinquencies are owed by those performing the wor n behalf of another, then the denial of the ability to apply for and/or receive a permit sha e accompanied by a notice, mailed to the person(s) applying for the permit, not' ing them of the outstanding fines owed by those attempting to perform the work on their ehalf and stating the amounts owed. Such permit shall set forth minimal reasonable nditions, as permitted by law, necessary for the protection of property and personal fety, the restoration of the public right-of-way to a condition satisfactory to the , and any on -going maintenance or reparations for un-repaired conditions or damages t may be required of the person(s) under the circumstances and extent of the work to b erformed or conducted by such person(s) under such permit. Any violation of the conditi s set forth or any violations under applicable law shall render such permit autom cally null and void, without the necessity of any further action or proceeding. Such permi hall cover the length of time necessary and reasonable according to the type of activity' olved. Additionally, unless otherwise provided by general law, any continuing use of a public right-of-way by any such person(s) shall require such person(s) to also ente nto a continuing maintenance and restoration agreement, registration, or a franchise agr ment, as applicable by Florida Statutes or the City Code, with the city, and to provi such continuing insurance and such continuing surety that may be required by the agre ent or registration relating to such continuing maintenance and potential restoratio permit application form will not be required to be submitted for multiple sanitary s er laterals, water service laterals or water meters installed by the Miami -Dade Water a Sewer Department, if such multiple installations are combined into a single wri request for permit to the director of the Department of resilience and public work A request for multiple water and sewer installations shall be submitted to the di ctor of the Department of resilience and public works prior to construction work and 11 not require submittal of a surety for restoring the street or sidewalk as described in s section(c). (c) Calculation of cost of resto tion. Upon compliance with the terms of subsection (a) of this section, the director of the a artment of resilience and public works shall calculate the cost of fully restoring the treet or sidewalk to the condition in which it is found upon the filing of such applicati . The cost shall be calculated on the basis of the following rates: pApp, ana oiner non-structurai im royements in ine n ni-or-wa 5.00/s uare foot "SF" ;a C, rn t, Asphalt removal (2" thick average) ..... 5.00/square yard MY") Na � CO M Concrete removal (6" thick average) ..... 3.00/SF X M Backfill ..... 15.00/cubic yard MY") �-� M w Eight -inch limerock base ..... 25.00/SY Permanent paving (asphalt concrete and rock base) ..... $ 2.75 30.00/SY 0 W D Vf m D (A City of Miami File ID. 7634 (Revision. A) Printed On: WI &2020 I" Milling and resurfacing (Superpave asphalt) ..... 14.50/SY Asphaltic GGAsrete Superpave asphalt (only) ..... 45918.00/SF Stamped/color asphalt concrete (only) ..... 4-.W18.00/SF Six-inch driveway paving (plain concrete) ..... &.4)G 8.00/SF Decorative driveway paving (bricks, pavers, stamped/textyi etc.) ..... 9a0 18.00/SF Six-inch concrete sidewalk (plain concrete) ..... Decorative sidewalk (bricks, pavers, stam 8.50/SF Six-inch reinforced concrete protective Decorative swale paving 8.50 15.00/SF Per L-iaeaf Feet Curb ..... concrete, red/color concrete, etc.) ..... 3AG 20.00/SF pavers, lattice, concrete swale blocks, etc.) ..... ..... 4 00 4.50/SY Valley guttef .... 12.90 18.00/LF Curb anjFgutter ..... 12.00 20.00/LF trench ..... 35-.00-200.00/SY Exfiltration trench ..... 70-.00-200.00/LF 'Nn N C� n V� �Tj 0 CO M a—+ C o M rn 7.7 ca Solid Pie up to 24" RCP. HP -PP. or dual wall HDPE with water -tight joints ..... 150.00/LF Solid Pipe > 24 . ..... 200.00/LF minimum or at the discretion at of the Director of Resilience and Public Works ...... 250.90 Drainage structure (inlet, manhole, etc.) ..... 2,090.00 3.000.00/each Decorative illumination pedestrian lighting (fixture/pole/mounting) ..... 66,000.00 City of Miami Rio ID: 7634 (Revision: a) Printed on. W15MO20 0 W D COIA n CA Roadway lighting (fixture/pole/mounting )... 12,000.00/each (d) Payment of amount of costs for restoration; issuance of permit, time for consequences of failure to complete street restoration. (1) Whenever any individual, company, or agency applies for a permit r work requiring Q disturbing,cuttinginto digging u drillingborin under or exca tin exsavaE#+ea of a W street, swale, sidewalk, or other public right-of-way, or easeme , as required by subsection (a) of this section, the individual company, or ag shall deliver to the director of the department of resilience and public works a nd or surety a saFety its in the amount of one an half of the cost of the restoration as calculated by the director of the deDartrrAnt of resilience and public works- CO D PFeSGFib9d by the ' .The bond or sure s I be of one of the following es. Vi a. A site restoration bond written by an a oved domestic suretv. Except for bonds to wh amount of coverage). b. Cashier's check awn on a local bank to be returned to the permittee on acceptance of the straft restoration and closure of the permit. C. Irrevocable later of credit drawn on a local bank valid for an initial a#Ibd' of one M 1 ear, with autalfhatic renewal in increments of one 1 year until the permittee and 0 the issuing ban are notified in writing of the acceptance of the street restd(tion the closure ofAf a permit. (2) _5 M the 6tFeeteFGtheFPUbliGF*ght of way '-LL _. . The director of the artment of resilience and public works may establish written rules and procedures to accept a blanket surety in the form of a bond or letter of credit for cost of the restoration of the public right-of-way or easement for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Additionally, any such blanket surety shall be subject to periodic review by the director of the Department of resilience and public works and shall be required to be adjusted as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application. City of Miami File ID: 7634 (Revision: A) Printed On: WI S2020 (3) Upon receipt of the above -referenced surety, payment of the applicable perm' ees, and completion of the appropriate application, the director of the Department resilience and public works shall deliver a permit for the work, and shall det mine when the work is to be completed, including restoration of the street, right -way or easement in accordance with the standards and specifications of the de rtment of resilience and public works. The individual, company, or agency shall reafter, and not before, be authorized to proceed with the work and shall comple the same within the time prescribed by the permit and applicable permit conditions. (4) Upon proper completion of the work by the permittee, as deter ed by the director of the Department of resilience and public works in accordance ' the requirements of this chapter and other applicable codes, including the above storation, within the time prescribed by the permit, the director of the Department of silience and public works shall cause the amount of the surety to be returned to the erson, company or agency to whom the permit was issued. (5) In the event that the permitted person, company or ency fails or refuses to complete the work, including restoration, within the a specified by the permit and/or applicable permit conditions, all payments, includi the above -referenced surety, shall be deemed forfeited. The director of the Depart nt of resilience and public works shall then be empowered to cause restoration be done by contract, or by city forces, without regard to the status of the work sou to be done under the permit, and all costs thereof shall be payable by the perm' d individual, company, or agency. If the required amount is not remitted within to 10) days of written notice by the director of the Department of resilience and public orks to the permitted individual, company, or agency, the forfeited monies shall be ed to complete the work. Any costs in excess c,.) of the available forfeited monies sh constitute and become a lien against the private Tbal property if owned by said per ted individual, company, or agency, which adjoins o `c5rabuts the street or right-of-wa or which the permit was issued. Any forfeited LLJ x: m, nies remaining after restora n costs have been paid in full may be returned to the > `°` pecrnittee if the reason for th elay has been due to causes beyond the control of the permittee. Additionally, the ector of the Department of resilience and public works zmay administratively esta sh and enforce written rules and procedures pertaining to LLJ -the withholding of the is ance of new exsevatte"ermits to any individual, company, IX N tir agency that fails or fuses to complete the restoration work and obtain from the i Department of resili a and public works departant a final inspection approval within the term of the pre usly issued excavation permit(s) to said individuals, company or agency. (e) Indemnity, hold h less,. and insurance. It shall be a condition precedent to the issuance of any such per ' hat the appliGaRgpeFmittee shall assume all GiVil liability feF ms of any property including the City, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permittagreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence, whether active or passive, of the City of Miami File ID: 7634 (Revision: A) Printed On: 81152020 0 W Vf CO Vf applicant further agrees to indemnify, defend and hold harmless the City, its Q instrumentalities officials employees, and agents against all liabilities which y be asserted by an em to ee or former em to ee of the agglicant. or anv of its Jhtractors as LLI provided above for which the applicant's liability to such employee or for employee would otherwise be limited to payments under workers' compensation or miler laws. In addition the applicant understands and agrees that except where cauSA by the negligence or misconduct of the City, its instrumentalities officials erafloyees, or agents, the City shall not be liable for any loss in'u or damage to an er nal ro ert or equipment of the applicant, its employees, agents, contractors bu licensees or m invitees placed on City roe and its instrumentalities and shIl be at the risk of the applicant thereof. The applicant shall be solely res onsible for activities and the installation and maintenance of traffic -control devices. The a licant shall ensure that adequate safely precautions are in effect at all times durinaze term of the permit. It shall be a further condition precedent to the issuance of env s permit for work to be (1) Nan-govemmental applicants: M o _ Prior to the issuance of any such permit, the non-govemmental Lt,8 ; .-il licant s sh submit to the City a certificate of insurance for each non- ' overnm ntaAPPlicant in an amount not less than 1 000 000.00 per occurrence U1 00 .. 000 000 0 aggregate,and any endorsements thereto including, but not limited to N = remises d operations liabili contin ent and contractual exposures, XCU hazards $ _ _ rson nd advertising iniury, products,and completed operations. In addition the u."osoplic t hereby agrees to provide additional insurance requirements as re uired b CWIA o4 the including but not limited to umbrella liability, or any additional requirements ov c"I t.. on rcamon4c 7c mw Fc �nnlin�hlc in nnnnon4inn wi+h 4Fo onnnn of cnn,innn also include coverage for all owned, hired, and non -owned vehicles with a combined single limit of $500,000.00 per accident also listing the City as an additional insured, and must further afford coverage for workers' corngensation including waiver of subrogation subiect to the statutory limits of the State of Florida. The insurance herein required shall remain in full force and effect during the entire term of the permit. Additionally, all such insurance for non-govemmental agpiicantjsl shall be subiect to City orMl®en1 Film ID: 7634 (Revision: A) Printed On: 9flSrZ= forth in business under the laws of the State of Florida with the following ualif tions: o W The company must be rated no less than "A-" as to management a no less than Class ' V" as to financial strength by the latest edition of Best's Inslance Guide published by A.M. Best Company, Oldwick New Jersey, or its ealvalent subject to the approval of the Cit 's Department of Risk Management. Comotnies not meeting the above rating re uirements shall submit proof of reinsurance Jgm gualifying insurers having or exceeding the required rating criteria. N m :ertificates of insurance shall contain thirty 30 da s a chan es or modifications with notice to the certificate holder. N (2) Governmental applicants: Prior to the issuance o ny permit, the governmental applicant(s) shall submit to the city a certificate o insurance or letter of self-insurance for each governmental applicant in accordanc ith and subject to the limitations as set forth in F.S. § 768.28. (3) Additional permit conditions: It shall be a ndition precedent to the issuance, to both governmental and non -governmental ap cants, of any permit for work to be performed in the public right-of-way th he person(s) applying for such permit shall provide to the city's department of re ' ence and public works a surety in such — �O.fnount(s) and such form(s) acceptable to the director of the Department of o ;n�lience and public works to ens a that such work: (i) complies with applicable > ;� ecic#es, (ii) is conducted and pert med in a satisfactory, safe and professional manner, -04pertaining to the public rig of -way is restored or maintained as required by the LLI co gtcumstances and extent of a work under such permit and any continuing maintenance and restorati agreement. Furthermore, the permit holders are jointly L ati29 severally responsibl t each permit holder's expense, for any damages resulting om work performed or onducted under the permit and for any damages regarding r restoring the public ri -of-way to its original condition before installation of the 'facilities and for any amages regarding continuing maintenance of the public right-of- way. (f) Obstruction of the ri t-of-way. in the event that the PWMitted individual, .A separate Permi hall be required pursuant to Section 54-3 for the permitted individual corngany, or agency to obstruct or temporarily close any portion of the ri ht-of-wa . No person shal a allowed under a permit provided for in this section to excavate, dig up or obstruct re than two (2) adjacent blocks at a time, and the work on one (1) of such /(g) II be completed and the sidewalk and street pavement shall be placed in as good as existed prior to the work being commenced before such person to whom such s been granted by the city shall be allowed to begin work in a new block. ision by the diriector of the Department of resilience and public works. All , digging up or excavation of streets, avenues, sidewalks, pavements, swales, or ements in the city shall be made under the supervision and direction of the director ent of resilience and public works. City of Miami File ID. 7634 (Revision: A) Printed On: 911512020 Sec. 54-43. Permit fees for right-of-way or street excavation, sidewalk repair, paving 0OF si walk resurfacing of roadway, parkway or shoulder area, building line and grade survey/an construction survey, driveway construction, , utility placeround utility service connection excavation, groundwater monitoring wells; permer-the- fact permit, and inspectionlreinspection fees; waiver of fees. 0 (a) The permit fees to be charged by the Department of resilieblic works Wdepa�aent for right-of-wayor street excavation, sidewalk constrair, paying roadway/ arkwav/stoulder area paying or resurfacing, building line and grade or sidewalk constaftion survey sidewalk �... ssastRAstisr+, driveway construction, utility placemenVreplacement/repair/removal, underground ity service connection excavation, groundwater monitoring wells installation/ andonment/reestablishment, permit renewals, after -the -fact permits and inspection r reinspections, and any other m work that proposes to disturb cut into dig up, or ex ate any public street Swale or sidewalk whether the same is paved or unpaved. r to cause the same to be done (A within the city are hereby fixed as follows unless a requirement of obtaining a permit or the imposition of a fee is prohibited bv Sectio 37.401 Fla. Stat., as amended: 1 A non-refundable application fee of $50.00 a a non-refundable right-of-way assessment inspection fee of $50.00 shall aQfompany each permit application to the Department of Resilience and Public WorkiRo be retained by the City regardless of action taken in the granting or denial oft ermit. (tea-) StFeet exGayatien Excavation per of $25.00 00 a. b-. 50 lineal feet or les/ot b.� Each additional line6.50 c, d :Point excavation, each excavation ..... A5.00 N ..... . C-) nm :;cp (2) Sidewalk re it permit: C a. 50 linealr et or less ..... 82.50 n CO � 8 b. Each ditional linealr foot ..... 1.65 ��; < u�) Sid alk construction permit: o M a. 5 inealr feet or less ..... 252.50 r- °w; b. ach additional lineafr foot ..... 5.05 5 Paving or resurfacing of travel lanes, parkway, or shoulder area permit: 50 linealr feet or less ..... 308.50 b. Each additional lineafr foot ..... 6.10 (6� L51 Line and grade (curb and gutter, sidewalk construction, and driveway approach) suweypermit, inralu6pg, but not limited to sidewalk GeR6tFUGtiGA PeFmit, as built-,-plaFt Fe1Hew: a. 50 linealr feet or less ..... 360.00 b. Each additional linealr foot ..... 7.20 City of Miami File 10. 7634 (Revision: A) ft ted On: 9/1&2020 aLR Driveway approach construction permit, each driveway ..... 115.00 (8) Utility permit: etc. 1. within the public right-of-wc television, communication) 1 r .. . . AmIrf .� .. other minor oint exvations or borings 1. Eac ocation ..... 295.00 • i ry :2 o e. Ground ter monitorin well �rrn L 1. ach well ..... 295.00; —+ ru c..� CO M (9) Dewat ng Permit Fees by days: Vic) < 6 days or less ..... 520.00 tip 7-30 days ..... 635 00-750.00 31-90 days ..... 969 001,000.00 rn -rI 1. Stormwater Inspection permit fee includes initial inspection, during the excavation process and final inspection of a proposed stormwater management system in the public right of way ...$170.00 2. Pipe/Structure Bedding and Layout ...$160.00 3. SW System Partial Backfill and Compaction $160.00 city of Miami File ID: 7&U (Revision: A) Pdnted On. W1&2020 4. SW System Final - Backfill, Compaction, Interior Mud Work, and Pipe Lamping $300.00 a b. Dewatering: W 1. Initial ...$160.00 2. Final ... $16O.00 /8)-0.5uptol c. NPDES: 1. Field Compliance Check Proactive and Reactive Ins ecti acre ...$1,000.00 CO 2. Field Com liance Check Proactive and Reactive Ins ec ' ns — 1 acre and above ...2,000.00 Vi 3. Final — 0.5 up to 1 acre ...525.00 4. Final — 1 acre and above ... 75O.00 d. Wilily water, as electric telephone, communic on cable television a nit sewer)c 1. Initial inspection ...$75.00 __ 2. Utility structure placement ...$75.00 Zn � r C 3. Utilityinstallation temporary restorati .. 75.00 -, 4. Utility restoration limits determinate .. $75.00 5. Utility final restoration ... 225.00 M x) -C' (11) 42) Permit renewal fees pg6r to expiration and reactivation fees of original permit: Ninety -day extension of per9fft fee expiration date ..... 115.89 150.00 A new application ajffl reactivation fee shall be required for expired permits at a Late of 25 percent of the riginal permit fee, calculated at based on the current fee schedule . (b) Permit fees will be co uted only for the primary item of work for which a permit is required. The fee coll ed will also cover items of work incidental to the primary item and all processing and i ection services rendered by the Department of resilience and public works deE)aFtm (c) Permit fees sh be paid in full upon completion of all reviews and prior to the issuance of the permit. Th director of the Department of resilience and public works may establish rules and pr edures to allow billing for payment of permit fees on a monthly basis for recurring p mit applications for utility companies and government agencies that demonstr e a continuing large volume of permit applications. .(d) Upon receipt of a written request from a non -revenue generating government agency~ such as Miami -Dade County Is Department of Transportation and Public Works, R ermit fees under this section may be waived, by the city manager or designee for roadway city of Miami File ID: 7&W (Revision: A) Printed On: W1&2020 improvement projects by thee -Miami Bade County Publir. We epaFtment that app not a component of, or ancillary to the construction, maintenance., er repair, or restora`' n of revenue producing facilities in the public right-of-way. o ft(e)-This section shall be annually reviewed by the city commission at the time adoption of W the budget. D Section 6. Chapter 62 of the City Code, titled "Planning and Zo ' g", is further amended (Ain the following particulars:' co "CHAPTER 62 PLANNING AND ZONING ARTICLE ll. — COMPREHENSIVE PLANNING Sec 62-12. Fee for inspections and examinations of glans for compliance with the provisions of the city zoning ordinance and miscellaneous zonin ees. (h) Fees for review of legal documents for including, but not limited to, unities of title, $75.00 per document. Ir )m nce with zoning and technical requirements rants, releases, and modifications shall be ,.a PJ Works review ..... 275.00 c,rli C _ Ci co ARTICLEAL —ZONING AND PLANNING FEES Sec 62-22. Schedule of fe (5) Temporary uses and cupancies permits. c. Interim parking I permit: 2.Departme of resilience and public works review ..... 295.00 525.00 Sect' 7. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance,A declared invalid, the remaining provisions of this Ordinance shall not be affected. ection 8. This Ordinance shall become effective thirty (30) days after final reading and thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission_ city of Miami File /D: 7634 (Revision: A) Printed On: W1&2020 VAI M City o/ Miami Sl a File ID: 7634 (Revision: A) Printed On: 911512020